Excerpt: ...989) 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 motion procedure; th...

Excerpt: ...ter its decision to deny the motion. Plaintiff's objections to the declaration of Roberto Montoya are overruled. This is a nonjudicial foreclosure case that was filed on February 13, 2019. It concerns a residence Plaintiff purchased in 2004. To finance the purchase, Plaintiff obtained a loan from Homecomings Financial Network, Inc. (“Homecomings”) in the amount of $381,000, secured by a Deed of Trust recorded against 2062 Empire Mine Circle, ...

Excerpt: ...ed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276...

Excerpt: ...7. With respect to CalTrans she alleges causes of action for Wrongful Death (Dangerous Condition of Public Property) and Wrongful Death (Negligence). Plaintiff alleges that a CalTrans employee who was intoxicated and distracted lifted the roadway for a boat but did not engage vehicle safety barriers. Plaintiff alleges that her father died while trying to rescue motorists whose vehicle had driven off the Tower Bridge. Plaintiff alleges that her fa...

Excerpt: ...iff Ralph Benson, Jr. Appearance is required on June 28, 2019. Plaintiff Ralph Benson, Jr. shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant CDCR's unopposed demurrer to self‐represented Plaintiff Ralph Benson, Jr.'s first amended complaint is sustained without leave to amend. In this action self‐represented Plaintiff filed a form complaint indicating that he alleges causes of action for negl...

Excerpt: ...ter Plaintiff's ex parte application to continue was granted on June 18, 2019 based on Plaintiff's express representation that it was still working to prepare a motion for leave to amend its compliant. The Court received a late filed declaration from Plaintiff's counsel just prior to posting the tentative ruling indicating that he is still working on a motion for leave to amend. The original tentative ruling is republished below: Plai...

Excerpt: ... misrepresentation, and preliminary and permanent injunction. Plaintiff generally alleges CGI has failed to honor the terms of his employment agreement and compensate him in a timely manner. Plaintiff explains that pursuant to an Arbitrator's Final Award and a confidential Settlement and Release Agreement, CGI has agreed to make certain payments to some of its former shareholders (not including Plaintiff) in resolution of an action brought by the...

Excerpt: ...ained while working for Defendant at KP International Market. (Complaint at ¶ 6.) Plaintiff was a helper in the tortilla making area. On March 17, 2017, Plaintiff was cleaning a tortilla maker, which is a “power press,” when her right hand was pulled into the tortilla maker causing her to suffer personal injuries. (Complaint ¶¶ 12, 13, 17.) Plaintiff filed her complaint on March 13, 2019, alleging violation of Labor Code § 4558 against De...

Excerpt: ...mpliance with CCP 1005. Despite its untimeliness, the Court has considered the opposition, although it did not contribute to the Court's ruling. The City's request for judicial notice of the tort claim presented to the City by Plaintiff is DENIED. The Court notes Plaintiff did not attach a copy of the tort claim to her FAC. The City demurs to the first cause of action for whistleblower retaliation pursuant to Labor Code § 1102.5 on the groun...

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: ... Amended Complaint (“FAC”), filed on April 18, 2017, generally alleges that Defendants rendered legal services in connection with a federal court case' involving 42 U.S.C. § 1988 (Archer v. Taft); that Defendants allegedly failed to render competent services; that Defendants allegedly made misrepresentations to Plaintiffs regarding Plaintiffs' ability to recover attorneys' fees in that action, and Defendants' skills as attorneys; and tha...

Excerpt: ...ce is granted. This action arises out of a dispute related to the construction of a new commercial building located at 9250 Big Horn Boulevard in which plaintiff Mahmoud Khattab. M.D. (“Dr. Khattab”) operates his medical practice. Dr. Khattab and Big Horn entered into a construction agreement with the LLC and Sheba Construction, Inc. (“Sheba Construction”), whereby the LLC world serve as the project developer for the building's constr...

Excerpt: ...September 12, 2016, against Civic and Denova Homes, Inc. because Plaintiffs' claim the living conditions at the Bentley Place apartment complex ("Bentley Place"), in which the Plaintiffs (a single mother and two minors) lived for more than a year, were uninhabitable. Plaintiffs' allege causes of action for (1) Premises Liability, (2) Violation of Civil Code § 1942.4, (3) Breach of the Warranty of Habitability, (4) Private Nuisanc...

Excerpt: ...d Confidential Settlement and Mutual Release Agreement dated May 21, 2019, both of which were lodged conditionally under seal on June 5, 2019. Both documents were lodged conditionally under seal as independent documents and neither document was filed. Plaintiff also lodged an unredacted memorandum of points and authorities in support of Plaintiff's motion for preliminary injunction, which narrowly redacts certain confidential settlement terms. Pl...

Excerpt: ...te unredacted memorandum of points and authorities in opposition to Defendant's MSJ/MSA [and substitute a redacted version] and the complete unredacted declaration of Matthew Breining in opposition to Defendants' MSJ/MSA [and substitute a redacted version]. Plaintiff's complete unredacted memorandum of points and authorities was lodged conditionally under seal on May 24, 2019. Exhibit B to the declaration of Mathew Breining was lodged conditional...

Excerpt: ...s directed to contact Defendant's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Plaintiffs' counsel is unable to contact Defendant's counsel prior to the hearing, Plaintiffs' counsel shall be available at the hearing, in person or by telephone, in the event the opposing party appears without following the procedures set forth in Local Rule 1.06(A). Plaintiffs' motion seeks to strike objecti...

Excerpt: ... App. 4th 1277, 1291), and the meet and confer requirement imposes a duty of good faith on both parties. Gamesmanship is disfavored. This is a representative action in which Plaintiff seeks to represent all current and former hourly or non‐exempt employees who worked for Defendant within California at any time from July 31, 2013 through the date of final judgment. Plaintiff's claim is based on Defendant's alleged failure to compensate employees...

Excerpt: ...RTCALL, 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, with five additional calendar days for service by US Mail. Code of Civil Procedure section 1005 requires that the 16 court days be computed before counting ...

Excerpt: ...f George and Jody Parks now seeks an order allowing him to continue the pending action as Jody Parks' successor in interest. SMUD opposes the motion on the basis that Mr. Darr is not a proper successor in interest because his brother has an equal right to any estate and must be present in this action or must authorize Mr. Darr to act on his behalf in order to prevent multiple lawsuits. “On motion after the death of a person who commenced an act...

Excerpt: ... Defendant breached fiduciary duties owed to the corporation and Defendant has filed a cross‐complaint alleging that Plaintiff breached fiduciary duties. At issue on this motion are Defendant's responses to Plaintiff's special interrogatories nos. 1, 4‐12, 16 and 17. With respect to No. 1, Defendant indicates in opposition that he has now served an amended response which resolves the issue related to this interrogatory. In reply Plaintiff ind...

Excerpt: ...willful misconduct; (2) negligence; (3) elder abuse; (4) breach of fiduciary duty; (5) wrongful death; and (6) loss of consortium. The Complaint was filed on September 1, 2016. The complaint alleges that the Decedent was voluntarily admitted to UC Davis Medical Center (“UCD”) on August 19, 2014, for kidney transplant surgery. (Compl. ¶ 9.) He was 71 years old at the time. The Decedent underwent surgery on August 20, 2014, and was shifted to ...

Excerpt: ...nd Cause of Action is for violation of Labor Code § 226. Labor Code § 226 provides for a penalty against employers who fail to provide itemized Labor Code compliant wage statements. Defendant only demurs to the Second Cause of Action. In the Second Cause of Action Plaintiffs allege that Defendant failed to provide accurate itemized wage statements. They allege that while they and the other putative class members were paid hourly, the wage state...

Excerpt: ...Court ordered the case be transferred to this Court. On March 4, 2019, this Court sustained Defendant's demurrer to the original complaint on the ground that the complaint was uncertain. Plaintiff thereafter filed the operative first amended complaint. The form complaint appears to be identical, or nearly identical, to the original form complaint that Plaintiff filed. What is new is the “First Amended Complaint” attachment that Plaintiff adde...

Excerpt: ...n Plaintiffs from: 1. Attempting to notice shareholder or board of director meetings for the Franchise Corporation; and 2. Otherwise attempting to disturb the status quo through interference with the ongoing operations of the Restaurants, the LLC, or the Franchise Corporation. Defendants' request for judicial notice is unopposed and is GRANTED. Plaintiffs' Evidentiary Objections are ruled on as follows: ‐ Sustained: Donoho Decl. nos. 1, 2, 3, 5...

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: ...ident, in which Defendant Joseph Short drank cooking wine from the fridge during his shift as head chef at Paragary's Restaurant, and then drove home intoxicated. On his drive home, he hit a car parked on the shoulder, killing Plaintiff Tien Hoang Condell's (“Plaintiff”) husband, David Condell, and injuring Plaintiff. Defendants present 16 purported undisputed material facts “UMFs” in support of their motion for summary judgment, arguing ...

Excerpt: ...Plaintiff on May 5, 2016 to work at Express's Sacramento Airport Ramp facility. (Smith Decl. Ex. A.) Plaintiff worked for one hour on May 25 and resigned on June 1, 2016. (Smith Decl. Ex. C.) Plaintiff was hired by Express again on November 2, 2016 as a part‐time Handler in the same location. (Id. Ex. D.) Plaintiff worked 19 days, and then on December 21, Plaintiff advised her manager that she would submit her two weeks' notice the following da...

Excerpt: ... JPMorgan Chase, Navy Federal Credit Union, and Central State Credit Union. These subpoenas seek all of her bank statements, all checks she wrote, all money orders obtained, all cashier's checks, and all wire transfers from January 2012 to present. Plaintiff moves to quash on the basis that the subpoenas do not seek relevant evidence. She argues that only her statements from October 2013 are relevant because the only “germane” issue is whethe...

Excerpt: ...alleges that she did not receive any of her investment back and that Mr. Terry drained the money and assets of the LLCs by paying himself and his related entities. Plaintiff now seeks to file a first amended complaint that adds causes of action violations of Bus. & Prof. Code § 17200 and financial elder abuse. There is no trial date. “It is the general policy that courts should exercise liberality in permitting the filing of supplemental plead...

Excerpt: ...on was untimely. Following an appeal, the case was remanded to allow Plaintiff leave to amend. Plaintiff filed her third amended complaint in November 2018. Again, she alleged a single cause of action for violation of FEHA. She now seeks leave to amend in order to withdraw a prayer for punitive damages, remove allegations regarding settlement discussions, specify her medical condition and disability and also change the reference to Government Cod...

Excerpt: ...frastructure Managed Services Enterprise Services Agreement (“Agreement”) which permitted Defendant to terminate it at its convenience, otherwise it was to expire on December 31, 2016. Plaintiff alleges that after Defendant terminated the Agreement in October 2016 for convenience that Defendant wrongfully retained possession of certain equipment. Plaintiff alleges numerous causes of action against Defendant for conversion, breach of contract ...

Excerpt: ...d diverted Plaintiff's customers to Defendant's new business (MyITBud). Defendant contends that he simply informed customers that he had left Plaintiff's employ and started his own company. At issue on this motion are Defendant's responses to special interrogatories nos. 24‐ 26 and 28. No. 24 Granted. This interrogatory asked for the total amount of money Defendant or MyITBud has been paid from 2012 to present by all customers who are not forme...

Excerpt: ...pped and fell on a substance on the floor at a Rancho Cordova Target store in July 2017. Defendant seeks summary judgment on the basis that it had no actual or constructive notice of a dangerous condition prior to the incident. Defendant argues that it had no record of the incident. Trial is set for July 22, 2019 though the parties have stipulated to continue the trial based on the discovery of new video evidence of the incident and a motion to c...

Excerpt: ...otion of Plaintiffs 9250 Big Horn Holdings, Inc., Mahmoud Khattab and Mahmoud Khattab, M.D., Inc. (collectively “Plaintiffs”) for a preliminary injunction prohibiting Defendant Sheba Development, LLC (“Defendant”) from seeking to record a notice of default, notice of sale, or foreclose on the property situated at 9250 Big Horn Boulevard in Elk Grove, California is GRANTED in part and DENIED in part. The objections of Plaintiffs and Defend...

Excerpt: ...pp.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., supra, 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...

Excerpt: ...nt on the continuance date. Defendant CDCR's unopposed demurrer to self‐represented Plaintiff Ralph Benson, Jr.'s first amended complaint is sustained without leave to amend. In this action self‐represented Plaintiff filed a form complaint indicating that he alleges causes of action for negligence and intentional tort. Plaintiff alleges that a correctional officer disrupted a religious service. The Court previously sustained CDCR's demurrer o...

Excerpt: ...up to Plaintiff's mobile home and yelled at Plaintiff about the medical van that was parked at the mobile home park and for which Plaintiff was seeking a reasonable accommodation. Then, on December 8, 2015, Defendant drove up to Plaintiff's mobile home at 6:41 a.m., jumped out of his car and yelled that Plaintiff did not own anything, that he was tired of this "shit" and that Plaintiff needed to "get the hell off" his prop...

Excerpt: ...lifornia Rule of Court 3.1308 and Local Rule 1.06(D). Defendant is directed to contact Plaintiff forthwith and advise of the correct address for Department 53 and the tentative ruling procedure. If Defendant is unable to contact Plaintiff prior to hearing, Defendant shall be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). OBJECTIONS Plaintiff's O...

Excerpt: ...Motion identifies the incorrect address for Department 53 for the hearing. Moving counsel is directed to make reasonable efforts to contact Defendant and advise her of Local Rule 1.06, the Court's tentative ruling procedure, and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. California Code of Civil Procedure section ...

Excerpt: ...after they are discharged from the hospital. Specific to Plaintiff Gloria Single, Plaintiffs allege that Defendant Pioneer House refused to re‐admit Plaintiff after Sutter Hospital discharged her following an inpatient psychiatric evaluation. The operative complaint contains causes of action for violation of California Health & Safety Code section 1430, Business & Professions Code section 17200 et seq. and declaratory relief. Summary of Discove...

Excerpt: ...actices. In part, it is alleged that in April, 2014, defendants entered into a written agreement with plaintiff "whereby plaintiff agreed, through its member physicians, to provide health care services/anesthesia to individuals enrolled in or a part of the health care products offered by defendants to such individuals, including, but not limited to members enrolled in or a part of PPOs, HMOs, etc. In exchange for providing health care service...

Excerpt: ...tten instrument under Civil Code § 3412, quiet title, and constructive trust. Plaintiff filed the First Amended Complaint on November 16, 2018, to add GR8 Track, Inc., Green Custodial Institute LLC, Green Custodial Institute, and Simple Signings, LLC as defendants. Generally, Plaintiff alleges that in July 2017 she moved into the "family home" at 7050 Cromwell Way in Sacramento with defendant Kevin Johnson, who lived there rent free. She...

Excerpt: ...o a request for production and then fails to produce in compliance with that agreement. (CCP § 2031.320(a).) That code section applies when a party states it will comply with the request. In order to prevail on a motion to compel compliance, the moving party must prove that the responding party has “fail[ed] to permit . . . the inspection, copying, testing, or sampling in accordance with that party's statement of compliance” contained in the...

Excerpt: ... on November 10, 2016, as a teacher at Vista Del Lago High School, he suffered serious injuries when a door closer mechanism, a component part of the modular classroom door failed, causing the arm of the door closer to strike plaintiff in the head, knocking him unconscious and resulting in significant life altering injuries. Enviroplex sold the modular classroom to Vista Del Lago High School. The door closer was manufactured, designed, and sold b...

Excerpt: ... order. Defendants also seek terminating sanctions. First, to the extent that the motion seeks an order of contempt it is denied. Contempt cannot simply be requested by way of a motion. A court cannot, as Defendants seek to have this court do here, punish a contempt committed outside its presence without a full hearing at which the alleged contemptor appears through personal service of an order to show cause. (CCP § 1212; Lund v. Superior Court ...

Excerpt: ...Veterans' Memorial Amphitheater, which was owned and maintained” by Defendant. (Compl. ¶ 2.) Plaintiff alleges that “[w]hile walking from the dance area during the event, Plaintiff tripped over a set of stairs that projected into the dance area,” which “caused Plaintiff to trip over the unlit and difficult‐to‐see stairs,” whereupon she “tripped over the stairs,” causing her to “fall and strike her head (and other parts of her...

Excerpt: ...fendants move to seal the Objection and Response to Defendants' Sur‐Reply and Objections in Support of Plaintiff's Motion for Class Certification and the declaration of Matthew Breining which were lodged conditional under seal on May 16, 2019. Defendants indicate that the documents contain third party private information and the documents were designated confidential under the parties' protective order. In order to issue the requested order, th...

Excerpt: ...Defendants have agreed to settle Plaintiff's individual claims for $25,000 including fees and costs. As part of the settlement, Plaintiff seeks an order allowing her to dismiss the PAGA claims without prejudice. The settlement is conditioned on Plaintiff obtaining an order allowing dismissal of the PAGA claims without prejudice. The settlement of a PAGA claim requires court approval pursuant to the operative PAGA statute, which states that the �...

Excerpt: ...Clerk shall fax a copy of the tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to 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 (“...

Excerpt: ...r by telephone." Defendant's counsel's declaration only indicated that he met and conferred by letter. Defendant failed to file any subsequent declaration indicating further meet and confer efforts were conducted with opposing counsel "in person or by telephone." Although a letter does not meet the standard that a demurring party "meet and confer in person or by telephone" as required by section 430.41, subdivision (a)...

Excerpt: ...). Defendant was ordered to provide verified responses, without objections, no later than April 12, 2019. Defendant has failed to comply with this Court order and Plaintiff now moves for terminating, evidence, and/or issue sanctions and monetary sanctions. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose issue, evidence, terminating, or monetary sanctions. (See...

Excerpt: ...tract with KRC as Chief Executive Officer (CEO). The KRC is one of 21 nonprofit regional centers in the State that contracts with DDS to provide and coordinate services for individuals with developmental disabilities. KRC receives its funding from DDS. This motion concerns a subpoena duces tecum for production of records from Plaintiff's former employer, Dungarvin Oregon, LLC, located in Portland, Oregon. Plaintiff was employed with Dungarvin fro...

Excerpt: ...e Dearwester, Appearance is required on June 10, 2019. Plaintiff Frank Lee Dearwester shall be available by COURTCALL, to participate in oral argument on the continuance date. Plaintiff settled this action (along with two other cases) in September 2017, and voluntarily dismissed this action with prejudice effective January 8, 2018, over a year ago against both opposing defendants, County of Sacramento and Sacramento County Sheriff Scott Jones. No...

Excerpt: ...hase Holdings, LLC ("Next Phase") and the seller, Wang Brothers Investments, LLC ("Wang Brothers"), for the purchase of the real property and improvements located at 8110 Power Ridge Road, Sacramento, California (the "Property), Brian Barnes is a broker with the Cornish & Carey real estate brokerage, which represented both parties as a dual agent in the transaction. Defendants contend that the purchase contract was properly ca...

Excerpt: ...ed. Declaration of Espiritu: Overruled. Declaration of Labella: Overruled. Espiritu and Burke's Evidentiary Objections: Sustained as to No. 1, 2, 9, 10, 13, 16, and 19. Overruled as to 3, 4, 5, 6, 7, 8, 11, 12, 14, 15, 17, 18, 20, 21, 22, and 23. This ruling is limited to the relief sought in the notice of motion, which is a motion to strike pursuant to CCP 425.16. The Court therefore will not address arguments unrelated to this relief, such ...

Excerpt: ...t “[p]ursuant to CCP § 1293.2, ‘[t]he court shall award costs upon any judicial proceeding under this title as provided in Chapter 6 (commencing with Section 1021) of Title 14 of Part 2 of this code.' This of course would require a cost memorandum and a motion for attorneys' fees. No fees and costs are awarded at this time.” (3/13/19 M.O.) Defendants now move for fees despite the fact that the matter is still pending. Defendants seek $9,72...

Excerpt: ...eral Services' (“DGS”) invitation for bids: IFB 6224 and IFB 6170. DGS awarded both bids to RKU. Plaintiff submitted notices of protests to both awards, which triggered the arbitration process. In the arbitration, Plaintiff contended its bids should have been selected over RKU's bids because RKU failed to identify chipper engines that were compliant with the bid requirements and that RKU had committed fraud because it was unable to fulfill th...

Excerpt: ... the Court's inherent powers based on extrinsic fraud or mistake. According to Defendant, its failure to appear at trial was due to its former counsel's Matthew Pearson's neglect. There is no time limit with respect to a motion premised on the Court's inherent power. A party may seek relief where he or she can show “that extrinsic fraud or mistake exists, such as a falsified proof of service, and such a motion may be made at any time, provided ...

Excerpt: ...reach contract, intentional interference with prospective economic advantage and intentional interference with contract. In July 2018 Plaintiff was given leave to amend to file a second amended complaint adding causes of action for conversion, trespass, violations of Business & Professions Code § 17200 and for constructive trust. The SAC alleged, as the previous complaints alleged, that Defendants Lino and Linda Catabran and LCAT LLC (“Catabra...

Excerpt: ...when she allegedly tripped and fell on a curb in Defendants' parking lot. Defendants' separate statement includes the following. On March 19, 2016, Plaintiff's daughter Eshonna Watson drove Plaintiff to Defendants' shopping center at 3308 Arden Way in Sacramento. Ms. Watson parked her car in the parking lot next to a landscape planter. The planter was located next to the passenger side of the car. Ms. Watson stayed in the car while Plaintiff went...

Excerpt: ...d 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 shall appear on the face of ...

Excerpt: ...t, rule 3.769(g).) Plaintiff Takeese Williams ("Plaintiff") seeks final approval of the Joint Stipulation of Class Action and PAGA Settlement and Release ("Settlement," "Agreement," or "Settlement Agreement") entered into by and between Plaintiff, individually and on behalf of the Class, on the one hand, and Defendants The Kassity Organization, Daniel Kassity, and Tara Kassity d/b/a McDonald's ("Defendants&...

Excerpt: ... amend. Cross‐ Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford 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 ...

Excerpt: ... underlying judgment, the Declaration of Covenants, Conditions, and Restrictions (“CC&Rs”) between the parties, and Civil Code section 685.040. Defendant debtors purchased property that was subject to the CC&Rs, which provided in relevant part that they shall pay all costs and attorneys' fees incurred by Plaintiff in seeking to collect any assessments and other amounts. (CC&Rs, attached as Ex. 1 to the Req. for Judicial Not., ¶ 8.1.) On Janu...

Excerpt: ...aterial to its decision on the motion. The Court, in its discretion, reaches the merits of Defendants' motion notwithstanding their failure to file a separate statement with their moving papers as required by California Rules of Court, rule 3.1345. (A separate statement was untimely filed May 17, 2019.) Since only one discovery request is at issue, the failure to timely file a separate statement did not prejudice Plaintiff in its ability to respo...

Excerpt: ...Pacific Credit Services ("Kelstin") on March 11, 2019. (See Acknowledgment of Assignment of Judgment, p. 2, ROA # 21.) Kelstin then renewed the judgment on April 2, 2019. (ROA # 21, 22.) Defendant timely filed a motion to vacate renewal of judgment on April 23, 2019, claiming the underlying debt was forgiven in 2014. Specifically, Defendant states the original creditor, Travis Credit Union, issued him a 1099‐C form dated July 8, 2014, f...

Excerpt: ...ve Planning Commission ("Commission") protesting the proposed construction of a Buddhist monastery in Elk Grove. California's anti‐SLAPP statute is intended to strike down actions based on constitutionally‐protected free speech and participation in public hearings. Plaintiffs Dat Minh Ma and Lee Vo contend in the opposition that Defendant's motion is "moot" because they filed a request for dismissal. The plaintiff file...

Excerpt: ...19, the Court denied moving parties first motion to set aside default brought on the same grounds, without prejudice. The motion was denied because there was no declaration from defendant to support her excusable neglect. (See Minute Order Department 53, March 30, 2019.) The proof of service states that defendant was personally served with the summons and complaint on November 13, 2018 at 7:40 p.m.. Default was entered on December 13, 2019 at 8:5...

Excerpt: ...shed below: Plaintiff Maleehai Rodriguez's motion for an order “directing Defendants to Comply with the Court's February 6, 2019 Order to Produce Documents” is ruled upon as follows. On February 6, 2019, this Court granted Plaintiff's motion to compel further responses with respect to certain requests for production. Relevant to the instant motion, Defendants Confie Seguros Insurance Services and Sacramento Auto Insurance Center were ordered ...

Excerpt: ..., Set One Nos. 7, 12, 18, 23‐25, 38‐41, and 54. The requests seek documents that are relevant to Plaintiffs claims under the Song‐Beverly Consumer Warranty Act ("Song‐Beverly Act"). Plaintiff alleges that his 2012 Dodge Ram, which was manufactured and distributed by Defendant, suffers from widespread defectsincluding the Engine Defects and that Defendant has been unable to repair his vehicle within a reasonable number of attempts....

Excerpt: ...arties agreed to continue the motion to this date. Plaintiff filed a timely opposition on May 14, 2019. However, the motion was not served on defendants until May 15, 2019, and the Declaration of Dr. Schimmel was not signed until May 15, 2019. However, the Court is considering the untimely served opposition as the defendant has had sufficient time to address the opposition in the Reply. The Court vacated the trial date when it granted the motion ...

Excerpt: ...e to amend. At oral argument plaintiff stated that he could cure the defects of the FAC. The defects have not been cured, and the Court now sustains the demurrer without leave to amend. Self represented plaintiff Jake Peccia has sued defendant for damages arising out of a psychological Qualified Medical Evaluation ("QME") related to a worker's compensation claim filed by plaintiff concerning a January 23, 2015 workplace injury. Plaint...

Excerpt: ...he parties' additional filings and rules on the OSC as follows. The Court, in its discretion, has considered Mrs. McGuire's late‐filed brief and the declarations filed in support thereof. The City of Rancho Cordova's (the “City”) request for judicial notice filed in support of its opposition to the OSC is unopposed and granted. Relevant Procedural History As the Court and the parties are well familiar with the instant litigation and its len...

Excerpt: ...o v. Merill Lynch, Pierce, Fenner & Smith. Inc. (1998) 68 Cal.App.4th 445, 459. Courts "assume the truth of the complaint's properly pleaded or implied factual allegations." Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074. On a demurrer, a court's function is limited to testing the legal sufficiency of the complaint. Code Civ. Proc., § 430(a), pertaining to a demurrer to the complaint specifically provides that the defect...

Excerpt: ... 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 action for Unfair Business Practices, “Intentional Violation of Trust”, Breach of the Implied Covenant of Good Faith and Fair Dealing, Breach of Fiduciar...

Excerpt: ...o comply with California Rules of Court, Rule 3.1306 and provide the Court and each party with a copy of the material, the Court and each party is able to access to the materials. The request as to the appellate briefs referenced in item (c), however, is denied due to Plaintiff's failure to comply with Rule 3.1306. In this action, Plaintiff alleges one cause of action for intentional interference with contract. Plaintiff's cause of action is base...

Excerpt: ...tion arises from care plaintiff Collette Cowger (“Ms. Cowger”) received as a patient at Dignity Health's Mercy San Juan Hospital and the alleged emotional distress suffered by her daughter, plaintiff Megan Babb, M.D. (“Dr. Babb”). Plaintiffs have alleged causes of action against Defendant and Dignity Health for elder abuse, medical negligence, intentional infliction of emotional distress (“IIED”), negligent infliction of emotional dis...

Excerpt: ...8 when she requested a buyback of the vehicle. Plaintiff's pending motion to compel production of documents by GM, which is also set to be concurrently heard on today's date, concern compelling GM to produce a large number of documents that refer or relate to GM's internal investigations and analysis of the alleged defects contained in Plaintiff's vehicle and other vehicles of the same year, make, and model (Other Similar Incidents ("OSl&...

Excerpt: ...ubdivision projects. Plaintiff alleges that the City breached the contract in question by (1) failing to provide written notice of the transfer to Plaintiff, and (2) making the transfer without obtaining Plaintiffs written consent. In May 2008, Plaintiff recorded a grant deed in favor of the City to establish a perpetual conservation easement on eighty acres of land in Sacramento County, California ("Conservation Rights"). (Complaint, ¶ ...

Excerpt: ...efects. The Court has granted GM's essentially identical motion and rejected the identical arguments made by Plaintiff 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...

Excerpt: ...r in 2017 moving party interfered with her efforts to get relief from the "Keep Your Home California" ("KYHC") principal forgiveness program with regard to her property located at 9980 Wyland Drive in Elk Grove, California. Plaintiff contends she would have received $100,000 in KYHC principal forgiveness debt relief had SPS not provided false statements to KYHC that plaintiff's loan was an interest only loan and that the parti...

Excerpt: ...ative ruling to Plaintiff Frank Lee Dearwester, Appearance is required on May 30, 2019. Plaintiff Frank Lee Dearwester shall be available by COURTCALL, to participate in oral argument on the continuance date. Plaintiff settled this action (along with two other cases) in September 2017, and voluntarily dismissed this action with prejudice effective January 8, 2018, over a year ago against both opposing defendants, County of Sacramento and Sacramen...

Excerpt: ...ode § 835), negligence of government employees in the course and scope of employment (Gov't. Code § 815.2), and negligence of John Doe Contractor Employee in the course and scope of employment (Gov't Code § 815.2). Plaintiff alleges that she was injured when she fell on water that was on the floor while she was visiting her brother at the UC Davis Medical Center (“UCDMC”). Any party may move for summary judgment in any action or proceeding...

Excerpt: ... action based on the judgment. (Goldman v. Simpson (2008) 160 Cal.App.4th 255, 260 (Goldman).) Under this summary procedure, a money judgment is enforceable for 10 years (§ 683.020), but the judgment creditor can renew the judgment for another 10 years by filing an application for renewal with the clerk of the court that entered the judgment. (§§ 683.130, 683.140.) “Upon the filing of the application, the court clerk shall enter the renewal ...

Excerpt: ... to Defendant's new business (MyITBud). Defendant contends that he simply informed customers that he had left Plaintiff's employ and started his own company. Plaintiff moves for a protective order with respect to Defendant's request for production of documents (set two) which consist of 638 requests. Plaintiff argues that requests 70 ‐72 are cumulative. It argues that nos. 73‐94, 139‐174, 183‐218, and 660‐707 are overboard as to the sco...

Excerpt: ...nant of good faith and fair dealing (bad faith) in connection with Defendant's denial of her claim under her policy after she was injured in a hit and run accident. Plaintiff alleges that Defendant wrongfully denied her uninsured motorist claim because she did not file a police report within 24 hours of the incident. Plaintiff alleged that she reported the incident to the police by phone within 24 hours. She also alleged that she reported the acc...

Excerpt: ...rrower”) and a cause of action for breach of guaranty against Defendant Maynard Frantz. 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 if that element is separately ...

Excerpt: ...d to serve further responses by March 22, 2019. Defendant seeks terminating sanctions only on the basis that Plaintiff has not provided the Court ordered further 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 pleadin...

Excerpt: ...the instant motion, Defendants Confie Seguros Insurance Services and Sacramento Auto Insurance Center were ordered to serve “further verified responses to RFP nos. 50 and 51 in compliance with Code of Civil Procedure sections 2031.210 et seq.” (ROA 335) The Order stated that the further responses “may retain objections based on the attorneyclient privilege and the work product doctrine” and that a privilege log should be served. Further, ...

Excerpt: ...just enrichment, quiet title, declaratory relief, and specific performance. This dispute arises from the operating agreement of Aurora Capital, LLC (“Aurora”) entered into between Dodge and J. Michael Guttridge (“Guttridge”) in 1998. Dodge was a 49% investor member of Aurora. Guttridge was the Managing Member holding 51% of Aurora. Aurora's sole material asset was approximately 900 acres of real property near the City of Galt, commonly kn...

Excerpt: ...ion in violation of public policy, IIED, assault and battery. Defendants move to compel this matter to arbitration on the grounds that there is a valid arbitration agreement and that plaintiff has refused to arbitrate. Defendants rely upon a provision in Employment Agreements signed by Plaintiff in May 2015 and August 2016. The August 2016 Employment Agreement was a result of Plaintiff receiving increased compensation. The arbitration provisions ...

Excerpt: ... Thomas Jerome Lancaster, M.D. (“Dr. Lancaster”) to show cause why he had not produced the documents required by the investigational subpoena issued by the Medical Board on December 18, 2019 and served on Dr. Lancaster's office manager. Pursuant to Gov't Code § 11187(a), where a party refuses to comply with an administrative subpoena, the head of the department may petition the Court for an order compelling compliance. The Court, as it d...

Excerpt: ... Failure to pay the filing fee is grounds for dropping the petition. A motion is void for failure pay the filing fee. (See, e.g. Gov't Code sec 70600 et. seq.; CCP § 411.20; Hu v. Silgan Containers Corp., (1999) 70 Cal. App. 4th 1261.) Accordingly, the Court rules on the motion as follows, provided that the filing fee is paid at or prior to the hearing. If the filling fee is not paid at or prior to the hearing, the motion will be dropped. Th...

Excerpt: ...ed 60 special interrogatories on GM. (Jacoby Decl., Exh. A.) GM served responses on February 21, 2019. (Jacoby Decl., Exh. B.) GM objected and also provided responses to some special interrogatories. GM served Plaintiff with a verification to the responses on March 28, 2019. (Jacoby Decl., Exh. C.) The parties met and conferred, but were unable to reach an agreement. While GM contends the meet and confer was insufficient, the Court finds otherwis...

Excerpt: ...nd Plaintiff's counsel appeared for Plaintiffs first deposition. (Hansen Decl., Exh. A) The deposition was left incomplete because Plaintiff abruptly discontinued the deposition by driving off during a short break. (Ibid.) The deposition lasted approximately one (1) hour. (Ibid) On November 20, 2018, Plaintiff and Plaintiff's counsel appeared for Plaintiff's second deposition. (Hansen Decl., Exh. B) This deposition was also left incomplete becaus...

Excerpt: ...(“Defendant”) purported failure to provide rest periods, failure to pay for all time worked, making unlawful deductions, failure to reimburse employees for certain expenses, failure to provide accurate wage statements, and failure to pay all wages due at the time of termination. Plaintiff further alleged Defendant's policies and practices resulted in unfair competition and violated PAGA. Defendant denies the allegations, but the parties have ...

Excerpt: ...briefing regarding the issue of substantial compliance pursuant to Business & Professions Code section 7031(e), and separate briefing related to an argument raised at the hearing by D.A. McCosker Construction Co. dba Independent Construction Company and Fidelity & Deposit Co. of Maryland (collectively, “ICC”) that penalties are limited under Business & Professions Code section 7068.1(e). The original briefing schedule was extended as a result...

Excerpt: ...he anti‐SLAPP motion. Law Offices of Andrew L. Ellis v Yang (2009) 178 Cal.App.4th 869, 879. However, the Court has limited jurisdiction to decide whether to award attorneys fees and costs to defendant. Law Offices of Andrew L. Ellis v Yang (2009) 178 Cal.App.4th at 879. Plaintiff cannot avoid paying attorneys fees and costs by voluntarily dismissing the case after the anti‐SLAPP motion is filed if the motion would have been granted. Tourgema...

Excerpt: ...hibits consist of plaintiffs medical records and medical history. Defendants now move to file specific parts of this motion under seal to protect plaintiff's privacy rights under the Health Insurance Portability and Accountability Act (HIPAA) and under the California Constitution, which overcome the right for public access to Defendants' Motion for Summary Judgment filed concurrently with this Motion. Indeed, 42 U.S.C.S. § 300gg, et seq....

Excerpt: ...nd failure to pay for products ordered from plaintiff. In response to the Complaint, defendant filed a cross complaint asserting claims wholly unrelated to the allegations of the complaint, arising out of a 2016 Design Competition and Design Photography. Defendant contends Columbia misrepresented the purpose of the competition and that the true purpose was to obtain defendant's professional photography to use in its marketing free of cost.. (...