Excerpt: ...erst, are also overruled. Background This is a personal injury/wrongful death case stemming from a car accident that occurred on May 24, 2006. Plaintiff Phoenix Kaplow (“Plaintiff”) was a passenger in a vehicle along with his mother, Chelsea Wood (“Decedent”). Plaintiff suffered physical injuries while Decedent died as a result of the accident. The vehicle involved was a 2005 Honda Civic owned by Defendant Latisha Custer (“Ms. Custer”...

Excerpt: ... is ruled upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of court filings, the Court accepts the fact of their existence, not the truth of their contents. ( 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]; Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1566.) Background and Allegations in the...

Excerpt: ...r the Court ordered the FAC be filed. (See ROA 19.) However, the Court exercises its discretion to accept the late filing. (See Harlan v. Department of Transp. (2005) 132 Cal.App.4th 868, 874.) The FAC includes the following three causes of action: (1) quiet title, (2) breach of contract, and (3) declaratory relief. The declaratory relief cause of action is labeled as the “fifth cause of action.” Plaintiff alleges that she and her late husban...

Excerpt: ...lleged the following causes of action: (1) negligence, (2) negligent supervision/training/hiring/retention, (3) sexual battery, (4) assault, and (5) violation of civil rights under various provisions of the Civil Code. Plaintiffs' claims arise out of alleged sexual abuse that occurred in approximately 1988‐1990 when Plaintiffs were minors. (Complaint, ¶¶ 7‐ 11.) Plaintiffs are all now over 40‐years‐old. (Ibid.) The complaint identifies ...

Excerpt: ... a.m. to participate in oral argument. To appear on Zoom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendant Sacramento County's (erroneously sued as Sacramento City and County) (“Defendant”) demurrer to incarcerated plaintiff in pro per Theodore Benjamin Vaden's (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend. Plaintiff filed his personal injury form complaint on November 29, 2021. T...

Excerpt: ... Cross‐Complainants are ordered to notify CrossDefendants immediately of the tentative ruling system and the manner to request a hearing. If Cross‐ Complainants are unable to contact Cross‐Defendants prior to hearing, Cross‐Complainants are ordered to appear at the hearing. Cross‐Complainants request for judicial notice is granted. Factual and Procedural Background This action concerns the management, operations, and control over Nivano...

Excerpt: ...ry 27, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 12.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he applied for a credit card account with Plaintiff, he received the Customer Agreement when he received the credit card, the Customer Agreement provided that by using the credit card he agreed to bound by the terms therein, he received the ...

Excerpt: ...5814. Defendants Michael Egan and Silver Lining Properties (“SLP”) (collectively, “Defendants”) request for judicial notice is granted. Plaintiff filed this action on November 17, 2016, alleging 15 causes of action. The operative First Amended Complaint was filed on December 6, 2018, and alleges the following four causes of action: (1) financial elder abuse; (2) violation of California Business and Professions Code § 17200 et seq.; (3) f...

Excerpt: ... This action arises out of a four‐car collision occurring on February 7, 2020, where Plaintiff was driving her vehicle northbound on Bradshaw Road in the number 1 lane at a speed of 40‐50 mph. (Sullivan Decl. ¶ 5, Exh. C (Traffic Collision Report).) Mr. Johnson was driving his employer Volunteers' vehicle southbound on Bradshaw Road in the number 1 lane at a speed of about 40 mph and attempting to make a left turn towards an access road. (Su...

Excerpt: ... motion to compel Plaintiff to serve verified responses, without objections, to Defendant's Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One), to deem matters admitted, and for monetary sanctions. (ROA 30.) Plaintiff was ordered to serve responses by June 22, 2022, and to pay sanctions in the amount of $235 no later than July 8, 2022. As of the date of filing this motion, Plaintif...

Excerpt: ...ED. This action arises out of a two‐vehicle accident that occurred on February 18, 2020, on SR‐70 to Olivehurst Avenue in an unincorporated part of Yuba County, California. The accident occurred between vehicles driven by plaintiff Allie Christine Vargas (“Ms. Vargas”) and Mr. Fernandez, which was immediately following an alleged “road rage” incident between Mr. Fernandez and Mr. Johnson. The Traffic Collision Report concludes the col...

Excerpt: ...186, 188, 190, 192, 194, 196, 198, 250, 252, 254, 256, 258, 260, 262, 264, 266, 268, 270, 272, 274, 338, 340, 342, 344, 346, 348, 350, 352, 354, 358, 401, 402 and 403 is ruled upon as follows. This action arises from an Agreement for Purchase of Recycleables pursuant to which the City sells recycleable materials to USA Waste for resale into the recycling commodities market. USA Waste filed its Complaint on October 16, 2020, alleging claims for: (...

Excerpt: ...manner to request a hearing. If moving counsel is unable to contact Defendants prior to hearing, moving counsel is ordered to appear at the hearing. Factual and Procedural Background Plaintiffs are cellular telephone consumers who have filed three actions regarding the sales tax reimbursement paid pursuant to sales tax Regulation 1585 when they purchased cellular phones at a discounted price in a bundled sale. “Sales tax reimbursement” is the...

Excerpt: ...oss‐complaint on May 25, 2022. Lombardi dismissed his cross‐complaint on July 18, 2022. As a result of Lombardi's dismissal of his cross‐ complaint, MCM filed a memorandum of costs. (ROA 33.) Lombardi then moved to strike or tax MCM's memorandum of cost. (ROA 34.) MCM filed a request for dismissal of its own complaint prior to the hearing on Lombardi's motion to strike/tax. (ROA 39.) Lombardi filed the memorandum of costs at issue in this m...

Excerpt: ...CFE and individual defendants Francis Kang and Caroline Kang (collectively “Kang Defendants”) when Defendant Mee Lai Fong (“Fong”) attacked Patton with a metal cane, ultimately leading to her death. Plaintiffs filed their initial complaint on August 27, 2018 and their first amended complaint on October 13, 2020. Plaintiffs move to file a second amended complaint to add an eighth cause of action for Fraudulent Transfer/Conveyance pursuant ...

Excerpt: ...lligan's Island. At the same general time and location, Plaintiffs were floating in a raft in the same general location, when Defendant ran them over, thereby causing injury and damages to Plaintiffs. Defendant filed its initial answer on March 21, 2022. Trial is currently scheduled for August 12, 2024. Defendant moves to amend the answer to alter the original language by adding affirmative defenses seven (Harbor & Navigation code 652.5 and 655.2...

Excerpt: ...the parties 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. *** Plaintiffs Jose Mejia (“Mejia”), Miguel Osuna (“Osuna”), and Oscar J. AlmanzanMartinez's (“Almanzan”)(collectively “Plaintiffs”) motion for summary judgment is ruled upon as follows. I. Overview This is a putative class action for Labor Code violations and Attorney Private...

Excerpt: ...ry" pursuant to CCP §2023.030. According to Defendants, in response to their demand for production of documents, Plaintiff improperly objected that documents regarding Brandt fees were protected by the attorney‐client privilege. Plaintiff's counsel refuses to produce documents regarding Brandt fees, including, his written fee agreement and invoices. Plaintiff's counsel also states that the documents do not exist. (Declaration of Roger Jaffe, �...

Excerpt: ...n and harassment free work environment, and negligent hiring, supervision and retention. Plaintiff alleges that she was subject to disproportionate discipline as compared to her non‐African American co ‐workers, was micro‐ managed by her superiors more frequently than her non‐African American co‐workers, and was denied perks and privileges that are afforded to her non‐ African American co‐workers. (Complaint, ¶ 40.) She further all...

Excerpt: ...obtained a default judgment on August 23, 2021 (ROA 22). On August 31, 2021, Defendant moved to set aside the entry of default and default judgment and to quash service of summons. (ROA 26.) The Court granted the unopposed motion on September 29, 2021. (ROA 28.) The Court's ruling was based on Defendant's testimony that she had not resided at the address where a substituted service of summons and complaint was attempted for several years and thus...

Excerpt: ...rected to contact Plaintiff's counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the court's tentative ruling procedure. If Defendant is unable to contact Plaintiff's counsel prior to the hearing, Defendant shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event Plaintiff's cou...

Excerpt: ...he operative second amended complaint ("SAC"), Plaintiff brings claims under the Fair Employment and Housing Act ("FEHA") for (1) sexual harassment, (2) racial discrimination, (3) disability discrimination, and (4) retaliation. Plaintiff also alleges a fifth cause of action for retaliation under Labor Code section 1102.5 plus a sixth cause of action for intentional infliction of emotional distress. (See, SAC, p. 1.) The first and sixth causes of ...

Excerpt: ...a complaint by their former counsel, Kenneth Burt II. (ROA 1.) Plaintiffs' filed the operative first amended complaint (“FAC”) on July 12, 2019, which included various causes of action stemming from alleged mold in Plaintiffs' apartment. (ROA 24.) Defendants served written discovery in the form of document requests on November 18, 2019. (See Rishwain Decl. ISO Motion to Compel Further Responses, filed May 18, 2020 (hereafter, “Rishwain Decl...

Excerpt: ...vise 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. Background In this personal injury/wrongful death action, Plaintiffs filed their complaint against Defendants on March 8, 2022. Plaintiffs allege that Defendant Singh negligently operated ...

Excerpt: .... On July 15, 2021, Plaintiff's PAGA claim was dismissed following Defendant's demurrer. (ROA 40.) Thus, the action proceeding with one cause of action for violation of Labor Code section 226 (failure to furnish accurate itemized wage statements). On July 11, 2022, the Court issued its order granting Plaintiff's motion for preliminary approval of class action settlement. (ROA 70.) Pursuant to that order, the final fairness hearing was set for tod...