Excerpt: ...LC, Master Tenant Parent Holdco II , LLC, Admin Parent Holdco, LLC and Disbursement Parent Holdco, LLC (collectively “Jurisdictional Defendants”) motion for protective order re: financial PMQ deposition and notices related to personal jurisdiction is ruled upon as follows. Overview This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael HealthCare Center (“Mission Carmichael”), a s...

Excerpt: ...Cyndi Nguyen (“Nguyen”) and CalFarms420, Inc.'s (“CalFarms420”) (collectively “Defendants”) demurrer to Plaintiff Thanh Duy Nguyen's (“Plaintiff”) complaint is ruled upon as follows. The court observes that Plaintiff dismissed CalFarms420 on 12/24/2020. (ROA 32.) Defendants failed to comply with CRC Rule 3.1320(e) and CCP §430.60 which requires that the “demurrer” should be captioned “as such” and that the grounds for dem...

Excerpt: ...Defendant Corey Evan Parker's demurrer to Plaintiff Michael Razavi's first amended complaint (“FAC”) is SUSTAINED without leave to amend. Overview This is an action for legal malpractice, breach of fiduciary duty and breach of written contract. Plaintiff alleges that in May 2017, he entered into a Flat Fee Agreement with Defendant for legal service wherein Defendant agreed to represent Plaintiff on a Petition for Writ of Habeas Corpus. Plaint...

Excerpt: ...ndisclosure action concerning real property located on Stevenson Avenue in Sacramento. Plaintiff Moldovan purchased the property from defendant and thereafter sued the latter, alleging Defendant failed to disclose various issues with the property including encroachment onto the adjacent public property and several improvements completed without permits. The Complaint asserted causes of action for breach of contract and for fraud (intentional and ...

Excerpt: ...g. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel ...

Excerpt: ... 20, 2020, Plaintiff served written discovery on Defendant CDCR, including a Request for Production of Documents, Set One. Defendant failed to respond to these discovery requests, leading Plaintiff to file a motion to compel, which was unopposed and which this Court granted on November 17, 2020. (ROA 31.) Therein, the Court ordered responses to be served by December 30, 2020. Pursuant to the Court's order, Defendant served responses to the RPDs, ...

Excerpt: ... employees of Defendant during the relevant time periods. (Settl. Agr. ¶¶ 1‐5 The Settlement Agreement results in a PAGA‐only gross settlement fund of $700,000.00 (“PAGA Gross Settlement Fund”) for PAGA Settlement Members and the LWDA in exchange for a narrow release of asserted PAGA claims for violation of Labor Code section 226. (Settl. Agr. ¶ 10, 18‐19.) Pursuant to the PAGA Settlement Agreement, Defendant shall pay the PAGA Settl...

Excerpt: ...ccount with Plaintiff. On January 5, 2021, the Court granted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits she opened a credit account with Plaintiff, received the Customer Agreement when she received the credit card, used the credit card to purchase goods and services, received regular monthly statements showing charges made ...

Excerpt: ...ion to Strike Plaintiff Carlos Santos's (“Santos”) Separate Statement of Additional Undisputed Material Facts Cal Fire objects to and moves to strike Santos's Separate Statement of Additional Undisputed Material Facts on the grounds that C.C.P. § 437c(b)(3) only states a plaintiff “shall set forth plainly and concisely any other material facts the opposing party contends are disputed.” However, Cal Fire cites no authority that states a p...

Excerpt: ...very, meeting and conferring regarding discovery responses, motion practice regarding defendant General Motors, LLC's (“Defendant”) discovery responses (four motions to compel in total), and preparing a mediation brief and participating in mediation. No depositions were taken. By its terms, the settlement agreement provides that “Plaintiffs are the prevailing party, and Defendant shall pay Plaintiffs' attorney's fees, costs, and expenses pu...

Excerpt: ..., which includes 267 housing units, of which 130 are owned separately by individual homeowners. These 130 individually‐owned single family residences are referred to as the "Patio Homes." The remaining 137 units are located on a parcel that contains a Lodge" with 137 rental apartment units that are mixture of assisted living and independent living apartments. On November 19, 2014, Plaintiff Coley and Plaintiff Lorini filed the action on behalf ...

Excerpt: ...s follows. This action arises from defendant Duane Crewse's former employment with Plaintiff as a sales representative, and his subsequent employment with Plaintiff's competitor ‐ Defendant. Plaintiff alleges Mr. Crewse signed various confidentiality agreements during his employment, which prohibited him from disclosing Plaintiff's confidential and proprietary information such as customer lists and pricing information. Plaintiff filed this acti...

Excerpt: ...dant Duane Crewse's former employment with Plaintiff as a sales representative, and his subsequent employment with Plaintiff's competitor ‐ Defendant. Plaintiff alleges Mr. Crewse signed various confidentiality agreements during his employment, which prohibited him from disclosing Plaintiff's confidential and proprietary information such as customer lists and pricing information. Plaintiff filed this action against Crewse and Defendant alleging...

Excerpt: ... complaint (“SAC”) is ruled upon as follows. Defendants move to strike the words “under California law” in the First Cause of Action for Breach of Fiduciary Duties ‐ Derivative Claim by Stewart and SFLP. (SAC, ¶ 35, line 20.) The entire paragraph reads: “Here, by making the undisclosed, unilateral, unapproved, self‐serving decision to cause Intellectual Assets to assign or license broad and exclusive intellectual property rights he...

Excerpt: ...ctively referred to herein as the “JW Defendants.” Plaintiffs allege that Ms. Winner and Mr. Campbell own and operate JW. Peebles Kidder Bergin & Robinson LLP, Gregory M. Narvaez, Esq., Tim Hennessy, Esq., and John M. Peebles, Esq. are collectively referred to herein as the "Attorney Defendants." Defendants failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with...

Excerpt: ...y Bickford (“Bickford”) and Expert Microsystems, Inc.'s (“EMI”) (collectively “Defendants”) demurrer to Plaintiffs David Stewart (“Stewart”), Decision Detective Corp. (“DD”), and The D&H Stewart Family Limited Partnership's (“SFLP”) (collectively “Plaintiffs”) second amended complaint (“SAC”) is ruled upon as follows. Overview Plaintiffs allege that at some point in 2002, Bickford contacted Stewart and the two toge...

Excerpt: ...Defendant Eternal Beverages, Inc.'s (“EBI”) demurrer to Cross‐Complainant Brett Catanzaro's (“Catanzaro”) first amended cross‐complaint (“FAXC”) is ruled upon as follows. Overview In his complaint, Plaintiff Patrick Otten (“Plaintiff”) alleges that on 6/21/2018 Catanzaro was operating a golf cart during a charity golf tournament at the Chardonnay Golf Club. Plaintiff was a passenger in the golf cart when Catanzaro negligently,...

Excerpt: ... at the time oral argument is requested notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from a dispute between former business partners. The original complaint was filed on 3/14/2018 by plaintiffs Digital Tactics, I...

Excerpt: ...arties must at the time oral argument is requested notify the clerk and opposing party of the specific causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** Both moving and opposing counsel failed to comply with CRC Rule 2.111(3). Opposing counsel failed to comply with CRC Rule 3.1113(d) and (e). Factual Backg...

Excerpt: ...th his vehicle. Plaintiff alleges that Defendant Wolfe was acting in the course and scope of his employment with Defendant Reliance Intermodal, Inc. at the time of the incident. At issue on this motion are Plaintiff's responses to Defendants' request for production (set two) nos. 20, 21, 28, 29 and 32. Nos. 20, 21 and 29 ask for documents related to Plaintiff's criminal history, incarceration and felony convictions. No. 28 asks for documents show...

Excerpt: ...ed by Local Rule 1.06. Moving counsel is directed to make reasonable efforts to contact Defendant and advise him 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 by Zoom in the event Defendant appears without requesting a hearing pursuant to the Local Rules. Before final approval of ...

Excerpt: ...In light of Plaintiff's stated intention to amend the complaint, and in the interests of efficiency and economy, the Court continued the hearing to today's date to allow Plaintiff time to amend the complaint rather than ruling on the demurrer. The parties were informed that the demurrer would remain on calendar in the event Plaintiff failed or elected not to file an amended complaint. Plaintiff did not file an amended complaint, nor did he file a...

Excerpt: ...ions to pay. Plaintiffs propounded RFP (set one) on CEE. At issue is RFP no. 1 which seeks “all invoices received by CEE related to the FACILITIES.” On 3/2/2021, Plaintiffs moved to compel CEE's further responses to request for production (set one). With respect to RFP no. 1, CEE responded: “Objection. This request is overbroad as to time and without reasonable limitation in its scope. Responding Party further objects on the grounds that th...

Excerpt: ...xchange of letters and/or emails fails to comply with the statutory mandate. Plaintiff's counsel is reminded that the meet‐and‐ confer requirements of Code of Civil Procedure §430.41 are not optional and s/he is required to participate in the meet‐andconfer efforts “in person or by telephone” even if s/he disagrees with the challenge to the pleading. Factual Background This is a personal injury action arising out of a trip‐and‐fall...

Excerpt: ...ies are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the ...

Excerpt: ...cific discovery requests/document categories that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide the correct address for Dept. 53/54. Factual Background This is a personal injury action arising out a March 2019 incident wherein defendant Reising's vehicle struck plaintiff Cosgrove while she wa...

Excerpt: ...r Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Factual Background This case involves 76 plaintiffs (40 adults a...

Excerpt: ...ecific allegations that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Loc...

Excerpt: ...as well as a statement of damages. (Owensby Decl. ¶ 5.) On January 23, 2020, plaintiff Mei Li's (“Plaintiff”) then counsel, Herman Franck, filed a motion for protective order, without filing any responses or objections to the outstanding written discovery requests. (Owensby Decl. ¶ 6.) On March 3, 2020, this Court entered an Order denying the motion for protective order and ordering Plaintiff to respond to Defendant's Special Interrogatorie...

Excerpt: ...as employed by defendants from “approximately April 2019 to approximately June 2019” (Compl., ¶21) and on 9/10/2020, she provided written notice of this PAGA claim to both the LWDA and defendants (Compl., ¶18). Having not received within 65 days any notice of the LWDA's intent to proceed with an investigation of the allegations (Compl., ¶18), plaintiff commenced this action on 11/17/2020. Moving Papers. Defendants contend plaintiff's PAGA ...

Excerpt: ...d 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 by Zoom in the event Defendant appears without requesting a hearing pursuant to the Local Rules. California Code of Civil Procedure section 664.6 provides: “If parties to pending litigation stipulate, in a writing signed...

Excerpt: ...at 7222 Boa Nova Drive in Elk Grove. Plaintiff purchased the residence from Defendant in October 2016 and had executed deeds of trust pledging the property as collateral in the event he defaulted on payments to Defendant's lender and to Defendant herself. After the Grant Deed was recorded, Plaintiff apparently failed to make any payments to anyone, including Defendant and Defendant's lender. Accordingly, a nonjudicial foreclosure occurred, culmin...

Excerpt: ...tion for summary judgment. On March 23, 2021, counsel for American Staffing Service Douglas Watts filed a declaration pursuant to Code of Civil Procedure section 437c(h). As noted in the Court's ruling of April 8, 2021, granting the motion for summary judgment: Mr. Watts' declaration contained the following flaws: “‐ The request for continuance was not submitted with an opposition or via an ex parte application as required by Code of Civil Pr...

Excerpt: ...tion for summary judgment. On March 23, 2021, counsel for American Staffing Service Douglas Watts filed a declaration pursuant to Code of Civil Procedure section 437c(h). As noted in the Court's ruling of April 8, 2021, granting the motion for summary judgment: Mr. Watts' declaration contained the following flaws: “‐ The request for continuance was not submitted with an opposition or via an ex parte application as required by Code of Civil Pr...

Excerpt: ...ue to a fire. Plaintiffs allege that co‐defendant Allstate Insurance Co. (“Allstate”) acted in bad faith by failing to pay the full amount to reconstruct the house. Following the fire, Defendants “under evaluated the condition of the remaining premises and the nature and extent of cost for reconstruction.” (SAC, ¶ 24.) Plaintiffs allege that “ALLSTATE INSURANCE COMPANY had an extensive working relationship for years with [Defendants]...

Excerpt: ...Defendant Board of Trustees of the California State University's (“CSUS”) demurrer to Plaintiffs William Molina and Donna Goles' (collectively “Plaintiffs”) First Amended Complaint (“FAC”) is ruled upon as follows. Preliminarily, the court notes that CSUS filed a demurrer to Plaintiffs' initial complaint which was scheduled for today's date. On 2/25/2021, the court sustained the Fraternity Defendants' demurrer with leave to amend and ...

Excerpt: ...famation. (ROA 1.) Plaintiff's complaint alleges that she was on her way to work and was running late when she parked her car in a parking spot in front of a “Cricket Cell Phone” store. On her way in she alleges she was accosted by Defendants who accused her of being illegally parked. Plaintiff responded that she would only be a second, and that she got the information she needed in less than five minutes. Plaintiff alleges that when she retu...

Excerpt: ...o which Plaintiff brought his vehicle in for at least one repair. Plaintiff asserts a negligent repair action against Future Ford alleging that Future Ford breached its duty to Plaintiff to use ordinary care and skill by failing to properly store, prepare and repair the vehicle in accordance with industry standards. Plaintiff has also named co‐defendant Ford Motor Co. (“FMC”), the manufacturer of the vehicle, as a defendant to the Song‐Be...

Excerpt: ... of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) I. Overview This is a lemon law action. Plaintiffs allege that they in January 2016 they purchased a 2017 Mercedes Benz from non‐party Mercedes‐Benz of Marin (“Dealer”). Plaintiffs allege that in connection with the purchase, they received variou...

Excerpt: ... of emotional distress. Plaintiffs Todd Allexy and Kelly Angel (collectively “Plaintiffs”) allege that Defendant sells, installs and distributes off‐road vehicle products. In September 2020, Plaintiffs were riding on a 2019 Polaris RZR Turbo S, which is a side‐by‐side, four‐wheel, off‐road vehicle. The vehicle was equipped with an exhaust system and a tuner produced/sold by other defendants. Defendant sold the vehicle to Todd Allexy...

Excerpt: ... upon as follows. Defendants move to strike Plaintiffs' claims for statutory enhanced elder abuse remedies; specifically, pre‐death pain and suffering and attorney fees, and punitive damages. Defendants contend these remedies are not available because the Complaint fails to plead facts sufficient to state a cause of action for elder abuse and fails to allege Defendants' staff engaged in oppression, fraud, or malice pursuant to Civil Code § 329...

Excerpt: ...e wage statements; (3) waiting time penalties; and (4) unfair competition. (ROA 1.) On October 1, 2018, Plaintiffs gave written notice to the LWDA of this action. (Pltf.'s Exh. C.) Plaintiffs also submitted the $75 filing fee. (Rodriguez Decl. ¶ 3.) The LWDA notice was also sent to defendants Energy Star Construction, Inc., Hasham “John” Ali, and Homayoon “Alex” Alam (collectively, “Defendants”) via certified mail. (Pltf.'s Exh. C.) ...

Excerpt: ...on for elder abuse and third cause of action for negligent infliction of emotional distress (“NIED”) is ruled upon as follows. This action arises from a fall suffered by decedent Donald Walters (“Mr. Walters”) on August 13, 2020, the date he was admitted as a patient to Gramercy Court. Mr. Walters died the next day, August 14, 2020. The cause of death on Mr. Walters' death certificate was listed as “traumatic cerebral hemorrhage” and ...

Excerpt: ...es must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The opposing memorandum of points & authorities fails to comply with CRC Rule 3.1113(d)‐(e). Factual Background This employment action was filed on 2/9/2021 by the three plai...

Excerpt: ...e 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or telephone. Factual Background This action arises from plaintiff's employment with defendant. The complaint purports to assert causes of action for retaliation, age discrimination, failure to correct illegal conduct, and defama...

Excerpt: ...urchasing of 2017 Ford Focus (the “Subject Vehicle”) on or about 1/1/2017. Plaintiff alleges six causes of action for violation of the Song‐Beverly Consumer Warranty Act (the “SongBeverly Act”), including breach of express warranty. The Complaint alleges "[i]n connection with the purchase, Plaintiff received various warranties..." (Complaint, ¶10.) Plaintiff further alleges the "Vehicle contained or developed defects, including but not...

Excerpt: ...r summary judgment or, in the alternative, summary adjudication is ruled upon as follows. Defendants' request for judicial notice of the Complaint, Answer, and Amended Answer filed in this action is granted. Plaintiff Prakash Prasad (aka Prakash Pande) (“Plaintiff”) filed an opposition one day late on May 5, 2021, only 13 court days prior to the hearing. Defendants have requested that the Court disregard Plaintiff's opposition in its entirety...

Excerpt: ...contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The opposition fails to comply with CRC Rule 3.1113(f). Factual Background This is an elder abuse action which arises out of Louise Chappell's stay at a skil...

Excerpt: ...e was suspended from her duties driving a school bus, without being told the reason for her suspension. (Compl. ¶ 5(1).) On February 2, 2018, Plaintiff was informed by unidentified persons that she had been suspended from driving a school bus because Defendant received an anonymous call from a doctor saying Plaintiff should not be driving. (Compl. ¶ 5(2).) On March 14, 2018, Plaintiff was informed by unidentified person that she had to agree to...

Excerpt: ... pursuant to a CCP § 998 offer except for the fees and costs. The § 998 offer stated, in relevant part: “1. “Defendant will pay to [Plaintiff] the sum of $32,353, which constitutes reimbursement of the amounts paid, or payable, for Plaintiff's 2016 Ford Edge, VIN 2FMPK4J04GBC67367 (the “Subject Vehicle”, and as alleged in the Complaint), incidental and consequential damages, and civil penalties under the Song‐Beverly Act. “2. As par...

Excerpt: ...Pfarr at Mercy General Hospital in September 2018 regarding a lumbar surgery. Spine surgeon Praveen Prasad, M.D., had been Plaintiff's physician for many years. Dr. Prasad recommended Plaintiff undergo an anterior cervical decompression, fusion, and fixation. Dr. Ridgeway was not involved in Plaintiff's pre‐ operative assessment or informed consent discussions with Dr. Prasad. Defendant Ridgeway is a general surgeon and was engaged to perform t...

Excerpt: ...JECTIONS Plaintiff's objections are overruled for failure to comply with CRC Rule 3.1354. FACTS Decedent Debra Baker (“Ms. Baker” or “decedent”) was a resident of Fair Oaks Estates, a residential care facility, beginning July 8, 2019. (FAC ¶ 11.) On July 17, 2019, Ms. Baker apparently fell while in the process of being “transferred” by one of Fair Oaks Estates' employees and she thereafter complained of severe leg pain. (FAC ¶¶ 14�...

Excerpt: ... of American (VW) served timely responses, including documents, and further indicated that it would produce its internal policy and procedure manuals upon execution of a stipulated protective order. Additional documents were subsequently produced in July 2020. Ultimately, those responses became the subject of Plaintiffs' motion to compel, filed on August 3, 2020. In its tentative ruling of September 17, 2020, this Court denied the motion entirely...

Excerpt: ...ith the rules and procedures for arbitration. Petitioner has not submitted SAR's arbitration and procedure rules. Petitioner avers that she became a member of SAR in 2006 and therefore was subject to SAR arbitration requirements with regard to any complaint made against her in the context of her work as a realtor. Petitioner further avers that the underlying dispute arises out of a dispute regarding commissions between herself and Chris MacPhail ...

Excerpt: ... Cost: $377.50 Timeliness of Motion The court disagrees with Defendants that the motion is untimely. CRC Rule 3.1700(b)(1) provides “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as pr...

Excerpt: ...eeded an injection. “The employees put blanket over the head of the Plaintiff's cat. One employee held the Plaintiff's cat's head and neck and then asked Plaintiff to hold her cat's rear legs, and Plaintiff did so. As an employee was getting ready to inject the Plaintiff's cat, the Plaintiff's cat turned and bit Plaintiff's right hand.” (First Amended Complaint, ¶ IX.) The court disagrees with Defendant that the court should deny the motion ...

Excerpt: ... matter was originally set for 5/4/2021. The court continued the matter because although Plaintiff served her opposition, she failed to file the opposition with the court. The court directed Plaintiff to file and re‐ serve her opposition by no later than May 6, 2021. Plaintiff filed her opposition on May 10, 2021. Despite the untimely filing of her opposition, the court, in its discretion will consider the opposition. Future violations of the C...

Excerpt: ... Plaintiffs' Special Interrogatories, Set One, number 1, is ruled upon as follows. Plaintiffs filed two separate motions, but the Court has elected to address both in this single ruling. Defendant has filed an omnibus opposition to both motions. Defendant did not submit a response to Plaintiff's separate statement. Defendant's request for judicial notice is objected to, but is granted. Taking judicial notice of the requested document did not impa...

Excerpt: ... located at 2012 Wyda Way, Sacramento, California (the “Wyda Way Property”). The Wyda Way Property is owned by defendants and cross‐complainants Seung P. Hong and Jin O. Hong (collectively, “Defendants”). Plaintiff currently owns the adjacent property located at 1860 Ethan Way, Sacramento, California (the “Ethan Way Property”). There is a 22 unit apartment building on the Ethan Way Property. Defendants previously owned the Ethan Way...

Excerpt: ...in this action is granted. Plaintiff Prakash Prasad (aka Prakash Pande) (“Plaintiff”) filed an opposition one day late on May 5, 2021, only 13 court days prior to the hearing. Defendants have requested that the Court disregard Plaintiff's opposition in its entirety for being untimely. The Court declines this request and has considered Plaintiff's opposition. The untimeliness of the oppositio was not so great that Defendants were unable to pre...

Excerpt: ...r judicial notice is granted as to items 1 and 2, the Complaint and FAC filed in this action, but denied as to item 3, which purports to be a letter from the Insurance Commissioner for the Department of Insurance of the State of California. Item 3 is not the proper subject of judicial notice. Even assuming the Court took judicial notice of item 3, it would only take judicial notice of its existence, not the truth of its contents. (Joslin v. H.A.S...

Excerpt: ...al”) (collectively, “Defendants”) request for judicial notice is granted. Defendants' objections to the Declaration of Curtis C. Jung are overruled. This action arises from the alleged fraudulent transfer of $250,000 (the “Transferred Funds”) to the IOLTA account (the “Trust Account”) of Defendants in a series of transactions that were initiated by Jeffrey and Paulette Carpoff (the “Carpoffs”) as part of a Ponzi scheme. In 2018,...

Excerpt: ...ndant Elizabeth James on April 4, 2011, for $11,612.62 in damages, plus $2,070.18 in prejudgment interest; $1,000.00 in attorney fees; and $517.50 in costs. The total default judgment amount was $15,200.30. The judgment was set to expire on April 4, 2021. On December 3, 2020, Plaintiff filed a notice of substitution of counsel along with a Notice of Renewal of Judgment against Defendant. (Aposhian Decl., ¶ 6). On December 3, 2020, the Court ente...

Excerpt: ...ia Case No. Case No. 3:19‐cv4095,Canopy Growth USA LLC v. Research & Development Farming, LLC and Steven Samra. Plaintiff's representation occurred pursuant to a Retainer Agreement entered into by both Defendants on or about July 24, 2019 (the "Retainer Agreement"), signed by Samra individually and as the managing member of R&D. In the course of the representation, Plaintiff periodically invoiced Defendants for services provided and costs incur...

Excerpt: .... Mina”) (the “Subpoena”) is DENIED. This instant motion was continued by the Court to be heard concurrently with Plaintiffs' motion to compel Mr. Mina's deposition. This case arises out of a three vehicle collision between non‐party Joseph Inch (“Mr. Inch”), plaintiff Zaka Vera (“Mr. Vera”), and Oscar Vasquez ("Mr. Vasquez"), a driver for Defendants' rental‐car relocation company. Plaintiffs allege Mr. Vasquez rearended Mr. Ver...

Excerpt: ...le and installation of premium fireplace products. Plaintiff alleges that Lundgren, its former employee, misappropriated: “9. Plaintiff's confidential and trade secret information includ[ing], among other things, customer lists and contacts; customer information; customer proposals and contracts; and pricing information.” (Complaint, ¶ 9.) On 4/6/2021, Plaintiff served its Amended Trade Secret Designation. It identified its trade secrets as:...

Excerpt: ...uth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff filed this lemon law action on July 17, 2020, arising out of her purchase of a 2015 Jeep Cherokee (the “Subject Vehicle”) that she alleges is defective. As to FCA, Plaintiff asserts...

Excerpt: ...on is moot as to EGD. I. Overview This is a lemon law action. Plaintiffs allege that on or about October 7, 2017, they purchased a 2017 Chrysler Pacifica from EGD which was manufactured and or distributed by FCA. During the warranty period, the vehicle experienced certain defects. EGD, joined by FCA, moves to compel arbitration pursuant to the Retail Installment Sale Contract ‐ Simple Finance Charge (With Arbitration Provision) (“RISC”). FC...

Excerpt: ...stiana Kopf, M.D. and Sutter Medical Group also filed a statement of non‐opposition. This action concerns alleged medical negligence involving the alleged negligent care and treatment received by plaintiff Kristen Sells during the labor and delivery of Kash Sincere Delavallade from Dr. Bob and other defendants. Dr. Bob moves for summary judgment on the ground Plaintiffs cannot establish breach of the applicable standard of care or that Dr. Bob ...

Excerpt: ...en their Chrysler minivan was struck by a Hyundai Santa Fe driven by Ms. Wander. Ms. Wander has since pled nolo contendre to felony manslaughter. Ms. Wander's felony conviction was expunged on April 21, 2021. (Ms. Wander's RJN Exh. 1.) In August of 2017, plaintiffs Angela Osborn, Kenneth C. Osborn, Samantha Osborn, Elizabeth Osborn, and Lucy Stern Guevara (together, the "Osborn Plaintiffs") commenced an action against Hyundai, alleging that Ms. W...

Excerpt: ...e ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The moving memorandum of points & authorities fails to comply with CRC Rule 3.1113 (d)‐(e). Factual Background This litigation arises from defendant Lott's prior employment with plaintiff Ampla Health (“Ampla”), a non‐profit corporation...

Excerpt: ...to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing. Factual Background This action arises out a January 2020 tractor‐ trailer/passenger vehicle accident in which two individuals lo...

Excerpt: ... pro per filed on 12/15/2020 the present action which purports to allege “equal protection violations” relating to the denial of consideration for parole. Defendants now move to quash plaintiff in pro per's purported service of the summons & complaint by mail on or about 1/12/2021 on the grounds neither was properly served inasmuch as (1) plaintiff mailed two copies of a Notice and Acknowledgment of Receipt form directed to D. Kernan but fail...

Excerpt: ...ween Plaintiffs and Defendant. Examination of the FAC reveals that Plaintiffs quote from these documents extensively and therefore it is appropriate that the Court have the entirety of the documents upon which Plaintiffs base their claims. (Evid. Code § 452 (h.) FACTS The FAC alleges that Plaintiffs Mary White, Richard MacPherson, and Christine Bruce (“Plaintiffs”) are the owners of real property located at 4743 Ponderay, Sacramento, Califor...

Excerpt: ...mes Cokinos' (“Plaintiff”) demurrer and motion to strike Defendant Cemex Construction Materials Pacific, LLC's (“Defendant”) answer is ruled upon as follows. Overview This is a FEHA disability and retaliation action. Plaintiff alleges that after Defendant purchased his predecessor employer, A. Teichert & Sons, Defendant refused to accommodate his back injury by providing a fitted seat with back support, or engage in the interactive proces...

Excerpt: ...ted to the Emergency Department at Mercy Hospital of Folsom, where she was evaluated by Kendrick Johnson, M.D. for complaints of low back pain, numbness in her legs, and difficulty ambulating. (UMF 2). Plaintiff had a lumbar MRI taken that revealed multilevel moderate to severe spinal stenosis. (UMF 3). Dr. Johnson reviewed the MRI with Ravi Ramachandran, M.D., who recommended Plaintiff be admitted for pain management and consideration of discect...

Excerpt: ...."); 7617 Ward Lane, Fair Oaks, CA 95628 ("7617 Ward Lane"); 7621 Ward Lane, Fair Oaks, CA 95628 ("7621 Ward Lane"); 7612 Sunset Ave., Fair Oaks, CA 95628 ("7612 Sunset Ave."); and, 8712 Winding Way, Fair Oaks, CA 95628 ("8712 Winding Way"). All are investment properties that Plaintiff uses as income‐producing rentals. (UMF 1) 3896 Marshall Avenue On or about January 27, 2017, Plaintiff obtained a $240,000.00 loan ("3896 Marshall Loan") evidenc...

Excerpt: ...Andrew Kleeman was driving southbound on Zinfandel Drive when Kleeman fell asleep, crossed the double yellow lines on the roadway into the northbound lane, and collided with Plaintiff's vehicle in a head‐on collision. Plaintiff alleges injury and damages as a result. Plaintiff alleges that Defendant Kleeman was operating the subject vehicle in the course and scope of his employment with Defendant Teichert at the time of the collision. Plaintiff...

Excerpt: ...pel Defendant to provide further full and complete responses to certain requests for production. Defendant, in turn, has repeatedly interposed numerous objections to the requests, including objections based on relevance, burden and oppression, trade secrets and attorney‐client privilege. Despite numerous extensions, multiple attempts to meet and confer, and court orders to produce the documents in question, Defendant has still failed to provide...

Excerpt: ... should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant 2017‐2‐IH‐Borrower LP's (“Landlord”) motion for summary judgment is ruled upon as follows. Overview This is a personal injury action. Plaintiffs allege that on 2/28/2019, a large oak tree fell through the roof of Plaintiffs' home (“Property”) which they rented from Landlord. P...

Excerpt: ...arties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants John (“John”) and Tracy Weaver's (“Tracy”)(collectively “Defendants”) motion for summary adjudication is ruled upon as follows. The court observes that Plaintiff's opposition to separate statement fails to comply with CRC Rule 3.1350(f)(2) which requires that the “natur...

Excerpt: ...their respective rights and obligations to divert and store water from the Mokelumne River under various permits and licenses issued by the California State Water Resources Control Board (“SWRCB”) and various contractual agreements. In particular, WID and EBMUD dispute the interpretation of the “1965 Agreement” (Joint Ex. B) and its effect on WID's right to water under the prior “1938 Agreement” (Joint Ex. A), and WID's License 5945 (...

Excerpt: ...t in July 2020. Having not received any answer to complaint, plaintiff served by mail to Maryland (where defendant had relocated) a request for default and default judgment on 8/24/2020. According to the Court's file, both the default and default judgment were entered on 8/25/2020. On 9/14/2020 plaintiff served by mail to Maryland a Notice of Entry of Judgment. The Court notes that on 10/6/2020 defendant filed a separate breach of contract action...

Excerpt: ...ing mediation in October 2020, plaintiff filed and served Doe Amendments naming the following: Doe 1: Construction Innovations Group, LLC Doe 2: Rex Moore Electrical Contractors & Engineering, Inc. Doe 3: Rex Signature Services, LLC Moving Papers. Defendants now move to quash these Doe Amendments on the ground that plaintiff was at the time the original complaint was filed in 2019 not “genuinely ignorant” of the identity of these defendants a...

Excerpt: ...ion papers (or the exhibits thereto) since the Court's consideration in connection with a demurrer is by law limited to only those facts properly alleged in the pleading being challenged and those facts for which judicial notice is both requested and granted. Factual Background Plaintiffs Stettner and Zousmer, both of whom have leased Mercedes‐Benz vehicles, filed this action “seeking public injunctive relief arising from [MBFS's] unlawful bu...

Excerpt: ...89.) A demurrer is used to challenge defects that appear on the face of the pleading under attack. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer can be utilized where a complaint itself is incomplete or discloses some defense that would bar recovery. ( Guardian North Bay, Inc. v. Superior Court (2001) 94 Cal.App.4th 963, 971‐972.) In reviewing the sufficiency of a complai...

Excerpt: ...dical physician, on various rating platforms, including but not limited Yelp, Google Reviews, and Web MD. The posts asserted representations that Plaintiff was an unskilled, unconcerned with patient care, had a bad bedside manner, was unable to interact with patients, committed malpractice, and is dishonest. Plaintiff alleges that these statements were not made by real patients but instead were made by Defendants Jamie and Fiona Arenson, with mov...

Excerpt: ...a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not render a final ruling until it holds the preliminary approval he...

Excerpt: ...s are overruled. FACTS This action arises out of plaintiff Emilee Richardson's ("Plaintiff") employment with Defendants THE MUNIRS COMPANY, THE MUNIRS COMPANY II, T&S BUSINESS CORPORATION, PANCAKES 3457, FNC, AND PANCAKES 1716, INC., all of which are owned by or are franchisees of IHOP RESTAURANTS, INC. Plaintiff worked as a restaurant hostess and later as a server from approximately October 2, 2017, to approximately March 24, 2020. Plaintiff cla...

Excerpt: ...as follows. Factual Background This elder abuse/wrongful death action arises out of Eva Harris' eight‐day stay at a health facility, MCHC, during which time she suffered a fecal impaction that led to other complications causing her death on 6/29/2018. Suit was commenced on 6/13/2019 against defendant MCHC and Does 1‐100 but shortly thereafter, plaintiffs filed a series of amended complaints which inter alia named several additional defendants...

Excerpt: ...ording to the complaint, plaintiff purchased the subject property in 1993 and then re‐financed her mortgage in 2008 with a $455,000 loan from Accredited Home Lenders, Inc., not a party to this suit, which was secured with a Deed of Trust ("DOT"). This DOT was subsequently assigned in 2010 (along with a substitution of trustees), 2011, 2012, 2015, 2016 and 2018, with the last one being in favor of defendant Wilmington. "In January 2019, Wilmingt...

Excerpt: ... within five years and to expunge Lis Pendens is ruled upon as follows. This is a nonjudicial foreclosure case. Pro per Plaintiff Roddie McElhaney filed her complaint on 5/14/2014. Thus, absent any reason for excluding time, the 5 year period expired on 5/14/2019. "[A]n action shall be brought to trial within five years after the action is commenced against the defendant." (CCP § 583.310.) "[A]n action shall be dismissed...after notice to the pa...

Excerpt: ... Luster's licenses after he tested positive for cocaine use. (See FAC, Exhs. 2, 3.) Luster disputes the validity of the test. Luster alleges that the laboratory that tested the cocaine‐positive sample did not follow proper procedures, i.e., by failing to contact him and inquire if he was taking any medications that could have triggered a false positive. He alleges that he never used cocaine, that the only drugs he took were prescribed, and that...

Excerpt: ...the complaint, “Plaintiff seeks to correct and recover damages for the following but not necessarily limited to breaches by Defendants: self‐dealing transactions, improper distributions, improper loans, mismanagement of religious trust funds, failure to provide accurate financial statements, fraudulent acts by Defendant Surendra Singh, fraudulent acts by Defendant Church Board, subject to proof.” In describing the first cause of action, pla...

Excerpt: ...ts the fact of the existence of the documents submitted, not the truth of their contents. (SeeProfessional Engineers v. Dept. of Transp.(1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true);Steed v. Dept. of Consumer Affairs(2012) 204 Cal.App.4th 112, 120‐121.) FACTS In this elder abuse action, Plaintiffs' decedent, Christine Patton was living in a residential care facility, Laguna Woods. Ms...

Excerpt: ...d upon as follows. Defendant filed an untimely opposition on April 16, 2021, only two court days prior to the hearing in violation of CCP § 1005. Defendant submitted a declaration indicating the untimely filing was the result of a staff calendaring error in counting calendar days instead of court days, which resulted in the deadline to file an opposition being calendared as April 12, 2021 (instead of April 8, 2021). The staff member discovered t...

Excerpt: ...ments, Set Two, No. 48, is ruled upon as follows. As pointed out by Plaintiff, CDCR's opposition was sent via regular mail, without a courtesy email copy, rather than by personal delivery, facsimile transmission, express mail, or other means reasonably calculated to ensure delivery not later than the close of the next business day after the papers are filed. (CCP § 1005(c).) Plaintiff was to receive CDCR's opposition on April 9, 2021, but did no...

Excerpt: ... of action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's memorandum of points & authorities in opposition fails to comply with CRC Rule 3.1113(d)‐(f) but the opposition was nevertheless considered. The Court did not consider any of the declaration filed by Plaintiff since the Court's consideration in conn...

Excerpt: ...6 overruled. Requests for Judicial Notice Maher's Requests for Judicial Notice are GRANTED as to Nos. 2‐4. The Request is DENIED as to Request No. 1. RGW's Request for Judicial Notice Nos. 1‐9 is GRANTED. The Request for Judicial Notice regarding Request Nos. 10 and 11 is denied, as documents related to settlement cannot be used to establish facts. L&H's Request for Judicial Notice is GRANTED as to Nos. 1‐ 3 and denied as to No. 4. In grant...

Excerpt: ...dist Hospital, complaining of pain in the right hip and the right knee. Ms. Newsome was 92‐years‐old with a history of hypertension, diabetes, atrial fibrillation, and arthritis. Ms. Newsome denied any recent falls or trauma prompting the pain, and her son and daughter advised Dr. Robinson that they were attempting to have her placed in hospice care. Dr. Robinson further noted that Ms. Newsome had a “Do Not Resuscitate” directive. Dr. Rob...