Excerpt: ...ffs were prisoners incarcerated by the California Department of Corrections and Rehabilitation (“CDCR”) at the California Training Facility (“CTF”) at the time relevant to their claims. Plaintiffs Merrick and Garner indicate they have recently been released. Plaintiff Milton remains incarcerated at CTF. Plaintiffs filed this action on November 7, 2017, against defendants Yuland Mynhier, R. Steven Tharratt, M.D. and does 1‐50. The action...

Excerpt: ...on to Plaintiff's Exhibit C is OVERRULED. The Court notes, however, that Exhibit C was not relevant to or considered in the Court's analysis as discussed below. This action arises from a motor vehicle accident. On January 27, 2018, Plaintiffs were injured when defendant Victor Gray ran a red light and struck their vehicle. At the time of the accident, California Highway Patrol (“CHP”) officers were in pursuit of Mr. Gray for violation of the ...

Excerpt: ...sition is untimely as it was filed only 7 court days before the hearing. Oppositions must be filed and served 9 court days before the hearing. CCP 1005(b). On March 2, Defendant objected to the opposition's untimeliness and requests the court not consider it. However, the court has nevertheless considered the opposition in ruling on this motion. In doing so, the Court observes that any requests for affirmative relief made in the opposition is imp...

Excerpt: ... issue in this litigation. Plaintiffs also asked for sanctions in the amount of $1,485, but later withdrew the request. The motion is ruled upon as follows. Plaintiffs' complaint alleges causes of action for elder abuse, NIED, violation of Patients' Bill of Rights, and wrongful death, related to the care of Gerard Follettie. Plaintiffs served their second amended notice of deposition of person most qualified from Crocus Holdings, LLC dba Rosevill...

Excerpt: ...edit card action on June 26, 2019, alleging two causes of action for breach of contract and common count. (ROA 1.) Plaintiff was personally served with the Summons and Complaint on July 17, 2019. (ROA 6.) Default was entered against Defendant on August 23, 2019. (ROA 7.) The first time plaintiff received any communication from defendant through counsel was after the default was entered. Default judgment was entered September 18, 2019. On November...

Excerpt: ...no later than January 27, 2020. The Court also granted Defendant's motion to deem matters in its requests for admissions admitted and awarded $590 in mndatory monetary sanctions. Defendant presently seeks terminating sanctions on the basis that Plaintiff has not provided the Court ordered responses. 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...

Excerpt: ... 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 the challenged pleading or from any matter of which the court is required to take judicial notice (CCP. § 438 (d) ...

Excerpt: ...udgment 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 the challenged pleading or from any matter of which the court is required to take judicial notice (CCP. § 438 (d) ). The Court properly takes judicial n...

Excerpt: ...ngine Defects including, but not limited to, “excessive oil consumption; improper burning/consumption of abnormally high amounts of oil; premature failure of the engine balance chains; premature failure of the fuel pump plunger seal; fuel leaks into the crankcase; rough running of the engine; engine run‐on conditions; loss of power; rough idle; and/or stalling” which create a “serious risk of accident and injury” because engine failure ...

Excerpt: ...ber 12, 2019, ruling, Defendant previously moved to set aside the default and default judgment entered against her on March 2, 2009 on the basis that she was never served with the summons and complaint. This judge (J. Brown) denied the motion without prejudice on September 23, 2019. Defendant then moved to set aside the renewal of judgment on the basis that she did not receive notice of the Notice of Renewal filed on March 19, 2018. Defendant mad...

Excerpt: ...19. (ROA 129.) According to Plaintiff's proof of service, Defendant was served with the second amended complaint on December 30, 2019. (ROA 149.) Code of Civil Procedure section 583.210(a) provides that the summons and complaint “shall be served upon a defendant within three years after the action is commenced against the defendant. For purposes of this subdivision, an action is commenced at the time the complaint is filed.” (Emphasis added.)...

Excerpt: ...26 et seq. (“CUTSA”). Plaintiff alleges defendants Jeff Harrer and Joe Baldenweg obtained and used Plaintiff's trade secret information to contact and solicit Plaintiff's existing customer base to steal and take over Plaintiff's clients, customers, and existing business. The operative Second Amended Complaint (“SAC”) alleges a single cause of action for misappropriation of trade secrets against defendants Harrer and Baldenweg and the busi...

Excerpt: ...aintiff cannot establish the essential elements of the following causes of action against Defendant San Juan Unified School District: her fourth cause of action for retaliation in violation of Government Code section 12940(h); her fifth cause of action for failure to prevent discrimination, harassment, and retaliation in violation of Government Code section 12940(k); her sixth cause of action for whistleblower retaliation in violation of Labor Co...

Excerpt: ...ents. (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 judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as...

Excerpt: ...cipate in oral argument on the continuance date. Plaintiff Silus Mardel Valson's (“Plaintiff”) motion to set aside and vacate the judgment sustaining defendant's demurrer pursuant to CCP § 663 is DROPPED. On December 6, 2019, this Court sustained defendant California Department of Corrections & Rehabilitation's (“Defendant” or “CDCR”) demurrer to Plaintiff's First Amended Complaint without leave to amend. (ROA 38.) Judgment was enter...

Excerpt: ...their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Plaintiff filed this non‐ judicial foreclosure action on October 31, 2018, alleging causes of action for breach of contract, violations of Civil Code sections 2923.6, 2924.11, and 2924.17, violation of Business and Professions Code section 17200 et seq., and negligence. Plaintiff alleges Nationstar should have provided her with a permanent loan modific...

Excerpt: ...July 29, 2017, in front of 7029 Amberwick Way. Plaintiff filed her personal injury form complaint on May 29, 2019, against the City and defendants Robert Moos and Karen Moos (the homeowners of 7029 Amberwick Way). Plaintiff alleges causes of action for general negligence and premises liability. The only cause of action alleged against the City is for premises liability on the basis of an alleged dangerous condition of public property. The City mo...

Excerpt: ...gment is void. Pursuant to CCP 683.170 (a), the court may vacate a renewal of judgment on any ground that would be a defense to an action on the judgment itself. Plaintiff contends that he was never served with the summons and complaint and therefore the judgment is void. Filing the renewal application (and paying the appropriate filing fee) results in automatic renewal of the judgment. No court order or new judgment is required. The court clerk ...

Excerpt: ...consider at this hearing whether to dismiss the action or instead to issue the evidentiary/issue, and or monetary sanctions. Plaintiff was given until February 11 to file and serve opposition to the issue/evidentiary and monetary sanctions first requested in the Reply. Defendant was to serve a reply on the additional sanctions issue on or before February 19. Defendant's further briefing was to address whether plaintiff has complied with the order...

Excerpt: ...netary sanctions. Plaintiff was given until February 11 to file and serve opposition to the issue/evidentiary and monetary sanctions first requested in the Reply. Defendant was to serve a reply on the additional sanctions issue on or before February 19. Defendant's further briefing was to address whether plaintiff has complied with the order that he serve verified responses on or before February 10, 2020. As of February 24, 2020, no new documents...

Excerpt: ...is is a PAGA representative action for failure to pay all wages brought by Plaintiff Ian Alvarado ("Plaintiff') against Defendant Lewis Operating Corp. ("Defendant") and for civil penalties pursuant to the Private Attorneys General Act of 2004 ("PAGA") for violations of the California Labor Code ("Labor Code"). Plaintiff commenced this wage ‐and‐hour case asserting three causes of action for failure to pay wages, unfair competition, and penal...

Excerpt: ...es due), failing to provide compliant meal period and rest periods and associated premium pay, failing to timely pay wages during employment and upon termination of employment, failing to provide compliant wage statements, failing to maintain requisite payroll records, and failing to reimburse necessary business‐ related expenses. Defendant denies any liability or wrongdoing of any kind. Plaintiff requests the following: Granting preliminary ap...

Excerpt: ...ance of the OSC to file a substantive response because the attorney who handled the matter is no longer with Plaintiff's counsel's law firm. The Court thereafter continued the matter to today's date to allow Plaintiff to file a substantive response. On February 10, 2020, Plaintiff filed a response simply indicating that it was dismissing the entire action. Plaintiff made no arguments that the case was not subject to the five year statute. However...

Excerpt: ...ance date. Defendant David Poxon's unopposed demurrer to self‐represented Plaintiff Everett Spillard's complaint is sustained with leave to amend. The Court notes that Plaintiff filed a first amended complaint on February 18, 2020. However, effective January 1, 2016, absent a stipulation, a party may only amend a pleading as a matter of right in response to a demurrer no later than the date the opposition to the demurrer is due. (CCP § 472(a)....

Excerpt: .... Petitioner's request for judicial notice is granted. Respondent has brought claims against Petitioner with the DLSE under the Labor Code for alleged unreimbursed business expenses. Lyft periodically updates its Terms of Service (“Terms”). Respondent consented to the Lyft's February 6, 2018 Terms on May 3, 2018. (Ayanbule Decl. ¶ 12.) Lyft released the updated February 6, 2018 Terms to drivers who had previously been approved to use the Lyf...

Excerpt: ...iff Sherif Hakeem filed a class action Complaint in Alameda County Superior Court (“Hakeem I”) against defendant Universal Protection Service (“Defendant” or “Universal”). In that action, plaintiff Hakeem sought individual and class‐ wide damages and penalties for (1) unlawful failure to pay wages, (2) failure to provide meal and rest periods, (3) failure to provide accurate itemized wage statements, (4) failure to pay wages upon te...

Excerpt: ... Defendant has indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendant shall notify Plaintiffs immediately. Defendant's request for judicial notice on reply is GRANTED only as to exhibits G and H (Court documents), but DENIED as to the remaining exhibits, which consist of email communications between the partie...

Excerpt: ...ively approve the employment of a legal secretary. This motion involves Plaintiffs' counsel, the Law Office, Ed Dudensing attorney‐at‐law (“TLO”) and TLO's hiring of Margaret Mallough as a legal secretary. TLO has hired Ms. Mallough, but apparently she has not yet started working at TLO. TLO indicates Ms. Mallough will not begin work until this Court issues an order on this motion. By this motion, Plaintiffs seek “an order that the empl...

Excerpt: ...he tentative ruling system and to 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). This action arises from the termination of Plaintiff David Goudie's (“Plaintiff”) employment by Defendant. Plaintiff filed the complaint on September 8, 2017, alleging causes of action for defamation, violation of Labor Code sections 98.6, 1102.5, and 6310, a...

Excerpt: ...de at the time of hearing, the Court rules as follows on Plaintiff Richard Smigelski's (Smigelski) motion to compel further responses to form interrogatories, special interrogatories and document requests: Overview This is a putative wage and hour class action. Smigelski is the sole named plaintiff. The named defendants are PennyMac Financial Services, Inc., PennyMac Mortgage Investment Trust, and Private National Mortgage Acceptance Company, LLC...

Excerpt: ...anuary 14 and 15, 2020 before arbitrator William Diffenderfer located in Contra Costa County. Previously, respondent had requested arbitration in Los Angeles. At the last moment, after experts had been disclosed and the matter had been significantly prepared for arbitration, claimant's attorney requested to return to mediation. This mediation was unsuccessful and ended with Respondent's counsel leaving the mediation. (Declaration of Andrew C. Obe...

Excerpt: ...ahed Harb approached slowing and stopped traffic from behind on west bound U.S. 50 at speeds in excess of 70 miles per hour, and that he intentionally failed to slow for the vehicles ahead and veered across 3 lanes of the highway without braking or slowing, then struck plaintiffs stopped vehicle from behind at 70 miles per hour. (See Judicial Council Form Complaint) Although there is no Exemplary Damages attachment to the Complaint, under Section...

Excerpt: ...sale after the home was cited as an illegal marijuana grow operation and allegedly failed to disclose the mold problems arising from the illegal operation. The subpoenas seek all of Plaintiff Alicia Tutt's medical records from the last ten (10) years. Plaintiffs contend the subpoenas are overbroad, and are not limited to the conditions put at issue in this lawsuit. Plaintiffs contend the subpoenas invade plaintiff's constitutional right of privac...

Excerpt: ... 50‐50 tenancy and common agreement. (See FAC ¶ 16) Defendants seek to expunge the lis pendens on the basis that the First Amended Complaint does not contain a real property claim. A "real property claim" as defined in Title 4.5, Recording Notice of Certain Actions, is "a cause of causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property." CCP 405.4) A lis pendens may...

Excerpt: ...ent to constitute a cause of action. This action arises from a dispute between plaintiff and the SVMA over plaintiff's claimed priority in the selection of exhibits spaces at the annual Sacramento Boat Show. The SVMA is a non profit mutual benefit member organization that promotes the interests of its members. SVMA hosts the Boat Show where members of the boating industry can present their products to consumers and other members of the industry. ...

Excerpt: ...ant Cobalt Real Estate Brokers Inc. (“Cobalt”) is GRANTED IN PART AND DENIED IN PART, WITHOUT PREJUDICE. Riverland and Cobalt filed separate Oppositions to the instant motion. Plaintiffs filed a Reply to each Opposition. No separate evidentiary objections were filed. Background Plaintiffs filed a Complaint ‐ on behalf of themselves individually and on behalf of others similarly situated ‐ against Riverland and Cobalt, alleging that these ...

Excerpt: ...d declaration was filed and the Court therefore presumes that the parties were unable to resolve the issues raised by the demurrer. In this action, Plaintiff alleges that his home was damaged in a fire and that he engaged Defendant, who is engaged in fire restoration and recovery services, to create a loss inventory of damaged property for the purpose of reporting the loss and creating a claim with Plaintiff's insurance company. (Comp. ¶¶ 6‐8...

Excerpt: ...g on Plaintiff's third motion to compel compliance ordering Defendant to “serve written, Codecompliant responses to RFPs 19, 22, 23, 26, 28, 31, 32, 35, 76, 79, 89, and 91, without objections, and shall produce all documents in Defendant's possession, custody, or control that are responsive thereto” on or before November 27, 2019. The Court also indicated that the previously‐ordered $500‐per‐day prospective monetary sanctions would rema...

Excerpt: ... production Nos. 2, 5, 7‐11, 17, 20‐22, 24, 32, 36, 37, 40, 41, 47, 48, 50, 52, 53, 55, 56‐59, 62, 63, 65, and 70‐73. The Court ordered Defendant to provide further responses and to produce responsive documents by December 2, 2019. Plaintiffs first argue that Defendant has not served code‐compliant further responses. Plaintiffs argue that the further responses actually only demonstrate compliance in part because the further responses re...

Excerpt: ...��Engine Defects”), Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 9, 16, 18, 20‐23, 35, 57, and 70‐73 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 30, 37‐40, 44, and 52 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objectio...

Excerpt: ...y at a trustee sale. Bakey should have received a trustee's deed to the property following the trustee's sale, but learned on September 27, 2017 that Zarate and Defendant Maria Camacho had recorded a grant deed four days prior to the trustee's sale which purported to convey the property to Defendants Robert Sedlar and Steven Rogers. On September 28, 2017, Bakey filed the instant litigation seeking to, inter alia, quiet title to the property. Zara...

Excerpt: ...ations in Plaintiff's complaint, as well as language related to Plaintiff's UCL claims. The Court rules as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(A). Defendants' counsel is directed to contact Plaintiff's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff's cou...

Excerpt: ... July 29, 2013, and May 15, 2015. In the first accident, which occurred on July 29, 2013, Gurpreet Sidhu and his wife, Plaintiff, were rear‐ended by Ms. Nishimura. In the second accident, which occurred on May 15, 2015, Plaintiff, her husband, and their son were hit by a tractor‐trailer driven by defendant Juan Antonio Castaneda (“Mr. Castaneda”) while in the course and scope of his employment with defendant Fast Lane Transportation, Inc....

Excerpt: ...ento, California (the “Real Property”). The following provides background facts relevant to this instant motion. In late 2005, Defendant and his then wife, Anita Korbelik, discussed retaining the law firm of Drobny Law Offices, Inc. (“Drobny Law”) to represent them with regard to preparing an estate plan. On November 23, 2005, Drobny Law mailed a letter to Defendant and Mrs. Korbelik, titled “Waiver of Potential Conflict of Interest/Fee...

Excerpt: ...inancing of a used 2008 Suzuki XL7 from Car Hop in July 2016. Plaintiff signed a Motor Vehicle Retail Installment Contract (“RISC”) with Car Hop, which Car Hop then assigned to UAC. (Complaint ¶¶ 3, 4, 9, 13, Exh. A; Griffin Car Hop Decl. ¶ 3, Exh. A.) Plaintiff filed her complaint on July 11, 2019 alleging claims for fraud, intentional misrepresentation, concealment, breach of contract, and breach of good faith and fair dealing. Plaintiff...

Excerpt: ...dress in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiffs shall notify Defendants immediately. On June 12, 2018, Plaintiff Araz Parseghian (“Parseghiah”) filed a class action complaint against defendant HomeStreet Bank (“Defendant”) in the Superior Court for the State of California, County of Alameda, entitled Araz Parseghian, in...

Excerpt: ...arises from Plaintiff's employment with Defendant, a franchisee of Mod Pizza restaurants in the Sacramento Valley region. Plaintiff was employed by Defendant from mid‐2017 until after the commencement of this action. Plaintiff filed this action on June 26, 2019, alleging wage and hour violations against Defendant on a class wide basis. (ROA 1.) Defendant was served on July 15, 2019. (ROA 14.) Defendant terminated Plaintiff's employment on July ...

Excerpt: ...for violation of Civil Code section 2941 [Certificate of discharge; Request for full reconveyance; Damages for violations; Fee for services connected with reconveyance]. Cross‐defendant contends that the cause of action for violation of Civil Code Section 2941 arises out of her litigation conduct in representing HSBC Bank USA and in filing the Complaint for quiet title on behalf of HSBC Bank USA. Hamilton contends this litigation activity is co...

Excerpt: ...sustained as to Nos. 1‐3, Overruled as to No. 4. Defendant's Evidentiary objections to the Alex Reyter are sustained. Defendant's Evidentiary objections to the Corey Travis are sustained as to No. 1, No. 2 as to (a) ‐ (d). overruled as to 2(e). Overruled as to No. 3. At the outset, no party contests that a real property claim is presented here. A brief overview of the salient legal authority is perhaps appropriate as a backdrop to the Court's...

Excerpt: ...lure to name an indispensable party. In this case arising out of foreclosure proceedings, plaintiff alleges causes of action for wrongful foreclosure, fraud, Violation of Business & Professions Code section 17200, and quiet title. The demurrer is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) The demurrer is also sustained for a defect or misjoinder of parties. CCP 430.10(d...