Excerpt: ...es outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms o...

Excerpt: ... untimely. Plaintiff filed this action on June 6, 2019, alleging claims for disability discrimination, disability harassment, age discrimination, retaliation, failure to prevent discrimination/harassment, failure to engage in the interactive process, medical leave discrimination, wrongful termination, and violation of Health & Safety Code § 1278.5. On May 3, 2022, Plaintiff filed the operative Second Amended Complaint (“2AC”) which alleges e...

Excerpt: ...paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Failure to comply with this rule makes it cumbersome for the Court to review Defendant's exhibits and evidence in support of this motion. Factual and Procedural Background This action arises from Plaintiff John Sedgh, M.D. (“Sedgh” or “Plaintiff”) serving as a member of Defendant's Panel of Consultative Examiners (the “Panel”). The Panel det...

Excerpt: ...Benjamin Vaden within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that plaintiff Theodore Benjamin Vaden need not request oral argument. The Litigation Coordinator shall make plaintiff Theodore Benjamin Vaden available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, w...

Excerpt: ... shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be November 3, 2022, to participate in oral argument. To appear on Zoom telephonically, call (833) 568...

Excerpt: ...st in property located at 8000 Freeport Blvd., Sacramento (“Property”), and an owner of a one‐half contingent interest in the Property. Plaintiff alleges that Defendant Albert Wilson, Jr. Revocable Trust executed July 18, 2019 (“Trust”) is a trust entity, wholly within the control of Defendant Albert Wilson, Jr. ("Albert") (collectively “Defendants”) and a contingent owner of a one‐half (50%) interest in the Property. Plaintiff al...

Excerpt: ... the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( th Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebney v. Wells Fargo Bank (1990) 220 Cal...

Excerpt: ...rayton and Doe Spouse Crayton (collectively, “Debtors”). Judgment was entered against Debtors originally in Arizona on July 18, 2019, and the judgment was entered as a sister state judgment in California on March 12, 2020. (ROA 4.) The judgment awarded “all costs and reasonable attorney fees incurred by Plaintiff after submission of this judgment for entry by the Court in collecting the amounts listed in this Judgment.” (See Arizona Judgm...

Excerpt: ... to appear in a particular cause pending before a court of this state may, ‘in the discretion of such court' be permitted to appear as counsel pro hac vice. (Cal. Rules of Court, rule 9.40(a).)” (Sheller v. Superior Court (2009) 158 Cal.App.4th 1697, 1713.) However, a person is ineligible to appear as counsel pro hac vice if the person is (1) a California resident; (2) regularly employed in California; or (3) regularly engaged in substantial ...

Excerpt: ...owing six causes of action: (1) race discrimination; (2) failure to prevent discrimination; (3) retaliation; (4) harassment; (5) negligent infliction of emotional distress (“NIED”); and (6) intentional infliction of emotional distress. Plaintiff is an African American man. (Complaint, ¶ 4.) Plaintiff has been employed as a senior custodian at UC Davis Medical Center since 2016, with duties that include cleaning the facility. (Complaint, ¶¶...

Excerpt: ...rd amended complaint (“TAC”) is granted. In taking judicial notice of this document, the Court accepts the fact of its existence but not the truth of its contents. Defendant Initial Response Security, Inc.'s (“IRS”) request for judicial notice is also granted, with the same caveat. Background This is a personal injury case wherein Plaintiff Timothy Hayes (“Plaintiff”) alleges that he was physically attacked by three individuals while ...

Excerpt: ... arises from or relates to Employee's application or candidacy for employment, employment and/or cessation of employment with Company, it will be submitted to final and binding arbitration before a neutral arbitrator." (Gordon Decl., Exh. A (“Agreement”), p. 1.) The Agreement covers "any claim, dispute, and/or controversy that either the employee or the company may have against each other arising from, related to, or having any relationship o...

Excerpt: ... of the Song‐Beverly Consumer Warranty Act (“Song‐Beverly”). Plaintiffs allege that the certified pre‐owned 2012 Dodge Grand Caravan that they purchased contained several defects, including defects in the engine and transmission. Plaintiffs further allege that they delivered the vehicle to an authorized repair facility, but Defendant was unable to conform the vehicle to the applicable warranties and also refused to repurchase the vehicl...

Excerpt: ...t also ordered the parties to submit a joint declaration one week before the hearing date describing their additional meet and confer efforts, which the parties have done. (See ROA 67.) The Court refers to its September 20, 2022 order for additional background on this matter. Based on the joint declaration, the Court is satisfied that the meet and confer efforts satisfy the requirements of the Discovery Act. However, the parties remain at an impa...

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: ...ormer employment with Kenny G from January 2013 until her termination on April 2, 2018. Plaintiff filed the “Complaint ‐ Class Action” on May 15, 2019, alleging the following nine causes of action: (1) disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) sex discrimination in violation of FEHA; (3) sexual harassment in violation of FEHA; (4) failure to prevent discrimination in violation of FEHA; (...

Excerpt: ...nd the manner to request a hearing. If Defendant is unable to contact Plaintiffs prior to hearing, Defendant is ordered to appear at the hearing. This action arises from a vehicle collision that occurred on December 11, 2019. Plaintiffs Dainn Blue‐Mallonee and Connor Mallonee, a minor, by and through his Guardian ad Litem, Dainn Blue‐Mallonee (collectively, “Plaintiffs”) filed their Complaint on April 2, 2021. The operative Second Amended...

Excerpt: ...at Defendant battered them on property that was owned, managed or controlled by other co‐defendants in this action ("Owner Defendants"). Plaintiffs did not serve Defendant with a summons and complaint. (See Declaration of Diligence, ROA 12.) The Owner Defendants filed a cross‐complaint for indemnity and declaratory relief against Defendant on 12/14/2020. (ROA 22.) The Owner Defendants served a summons and cross‐complaint on Defendant. (ROA ...

Excerpt: ... 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 is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing. In this lemon law action filed on May 9, 2022, Plaintiffs allege they purchased a “certifie...

Excerpt: ...ial Facts Support of Motion for Summary Judgment (ROA 167); and Declaration of Dominique A. Pollara in Support of Motion for Summary Judgment (ROA 168.) Defendants once again move to seal portions of the above documents because they include Plaintiff Domenica Manley's medical records and/or private medical information. Defendants previously moved to seal portions of their first motion for summary judgment (“MSJ”) filed on March 9, 2022. On Ju...

Excerpt: ...tember 20, 2021. (ROA 7.) The summons and complaint were served on “Baria Khattab, Wife” at 2821 Sedge Ct, Elk Grove, CA 95757. The proof service on Precision shows that Precision was substitute served on November 8, 2021. (ROA 30.) The summons and complaint were served on "'John Doe Manager" at 9250 Big Horn Blvd STE 100, Elk Grove, CA 95758. Khattab moves to quash the summons and complaint on the ground that Khattab was not properly served ...

Excerpt: ...ed against Defendants. (ROAs 22‐23.) Defendants were not represented at that time. Plaintiff has a pending motion for judgment on the pleadings, interlocutory order, and appointment of partition referee scheduled for October 26, 2022. Plaintiff's motion for judgment on the pleadings is based on the matters deemed admitted. Defendants now seek relief from admissions pursuant to CCP §2033.300 on the grounds of “inadvertence, surprise, mistake,...

Excerpt: ...th of their contents. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1566.) Background This is an employment gender discrimination, retaliation, whistleblower retaliation, and failure to prevent action. Plaintiff alleges that she was employed by Defendants as the Chief Information Security Officer for the UC Davis Medical Center. She alleges that she was wrongfully terminated after making informal and formal complaints regarding internal practices...

Excerpt: ...ing several defendants and Does 1 through 100. CalHFA was not named as a defendant. Plaintiffs filed their first amended complaint on May 30, 2017, their second amended complaint on September 7, 2017, their third amended complaint on January 28, 2019, and their fourth amended complaint on June 17, 2019. CalHFA was not named as a defendant in any of these complaints. In each complaint, Plaintiff generally alleges Defendants committed fraudulent tr...

Excerpt: ...ictorville, California. In this case, Plaintiffs allege that certain funds, of which Plaintiff East West Bank is beneficial owner, were illegally transferred by Ms. Carpoff and/or her husband as part of a Ponzi scheme to Defendant Segal & Associates, PC. Ms. Carpoff purportedly authorized the fraudulent transfer of $5,000,000 invested by East West Bank in the Carpoffs' investment fund from the fund to the trust account of The Strauss Law Firm. Of...