Excerpt: ... connection with a motion to strike. The opposing papers fail to comply with CRC Rule 3.1113(d)‐(f). Opposing counsel is advised that such non‐compliant papers may in the future be stricken by the Court. Factual Background This action arises out of a 2018 motor vehicle accident on Elkhorn Boulevard in Sacramento County. According to the complaint, defendant's vehicle collided with the rear of plaintiffs' vehicle “at a very high velocity,”...

Excerpt: ...rgument is permitted on law and motion matters. *** Plaintiffs' motion to compel defendant's further responses to form and special interrogatories is ruled upon as follows. The 41‐page moving memorandum of points and authorities fails to comply with CRC Rule 3.1113(d)‐(f). (Much of the memorandum's content belongs (solely) in the moving separate statement.) Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background...

Excerpt: ...ff Darrell Holcomb's complaint is ruled upon as follows. This is a personal injury action arising from dental work. Plaintiff is an inmate at Folsom State Prison. Plaintiff alleges that Defendants either negligently performed dental work or failed to properly treat an infection after the dental work. Plaintiff alleges he suffered nerve damage and facial paralysis. Plaintiff seeks compensatory and punitive damages. Defendants demur on the ground t...

Excerpt: ... is unable to contact defense counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event defense counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's motion under Code of Civil Procedure (“CCP”) section 473, subdivision (b), for (1) mandatory relief to set aside dismissal, and (2) permissive relief from order denying leave to amend is DE...

Excerpt: ...to federal court on October 30, 2018, and it was ultimately remanded by stipulation when Plaintiff filed a First Amended Complaint (“FAC”) removing her Title VII claim. Following remand, DHCS demurred to Plaintiff's FAC, and the Court sustained the demurrer as to four, of the then five, causes of action. Plaintiff filed a Second Amended Complaint (“SAC”), which added several new causes of action without leave of court. DHCS objected to th...

Excerpt: ...sault. In her FAC, Plaintiff alleges that on May 3, 2017, she sought medical treatment from defendant Derrick Mullin (“Mullin”), a Nurse Practitioner‐Furnishing (“FNP”), who was employed by Advanced Pain at the time. She alleges that Mullin represented himself as a doctor and examined her. During the examination, he “physically restrained her, groped her genitals and forcefully placing her hand on his erect penis to stimulate the same...

Excerpt: ...aw and motion matters. *** Defendants Kayvan Haddadan, M.D. (“Dr. Haddadan”) and Advanced Pain Diagnostic & Solutions, Inc.'s (“APDSI”) (collectively “Defendants”) demurrer to Plaintiff in Intervention Jane Doe's (“Doe”) First Amended Complaint in Intervention (“FACI”) is ruled upon as follows. Overview In this action, the named plaintiffs are Joanne Davis (“Davis”), Mariah Florez (“Florez”) and Mary Tovar (“Tovar”...

Excerpt: ...f action against a variety of defendants, consisting of various individuals and entities, all of whom are alleged to have engaged in some form of misconduct and to owe money to ESF. ESF alleges that defendant Chris N. Vrame (“Vrame”), ESF's founder, and other Vrame Affiliated Defendants removed virtually all of ESF's endowment funds and loaned them to Vrame and the Vrame Affiliated Defendants. ESF alleges that the Vrame Affiliated Defendants ...

Excerpt: ... court of this state or (2) any court of record of the United States or of any state of the United States.”].) Sur‐reply The Court does not consider Plaintiff's “Reply to Defendant's Reply in Support of Defendant Demurre [sic] to Plaintiff's First Amended Complaint.” The Court did not request or authorize supplemental briefing in this matter. Factual Allegations and Procedural History This action arises out of Simas' representation of Pla...

Excerpt: ... hours of receipt. 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 the self‐ represented party need not request oral argument. The Litigation Coordinator shall make Plaintiff Clark available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be March 6, 2020, to participate in oral argu...

Excerpt: ...iffs' complaint is ruled upon as follows. Although a meet‐and‐confer declaration did accompany this demurrer, defendants are advised that their declaration does not comply with the requirements of Code of Civil Procedure §430.41(a) which expressly mandates the demurring parties to meet‐andconfer “in person or by telephone” with the party filing the pleading that is the subject of the demurrer. Plaintiffs' counsel is reminded that the m...

Excerpt: ...ble evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Plaintiff Northern California Collections Service, Inc.'s (“NCCS”) motion for summary adjudication is ruled upon as follows. Defendant's counsel failed to comply with CRC Rule 3.1350(h), specifying the format for the separate statement in opposition. To the extent the opposition purports to assert objections to evidence, defendant's...

Excerpt: ...tled "Fraud (Negligent/Intentional Misrepresentations)," pursuant to CCP § 430.10(e) and (f), is SUSTAINED WITH LEAVE TO AMEND. The Court completely agrees with Defendants' assertion that Plaintiff has not come close to complying with his obligation to plead specific facts bearing upon each element of his fraud claim. See Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 (allegations must identify the speaker, the dates of the statements, scien...

Excerpt: ...demurrer. IRSI must also file a declaration regarding the meet and confer efforts. Here, Defendant's counsel's declaration indicates that the parties met and conferred via email. Future meet and confer efforts pursuant to CCP 435.5 shall be done “in person or by telephone.” Plaintiff is also reminded that the meet‐and‐confer requirements of CCP §435.5 are not optional and s/he is required to participate in the meet‐and‐confer efforts...

Excerpt: ... matters. *** Defendants U.S. Residential Group, LLC, Providence Place Apartments, LP, and Positive Investments, Inc.'s (collectively “Defendants”) demurrer to Plaintiff Timothy Hayes' second amended complaint (“SAC”) is ruled upon as follows. Defendants' request for judicial notice is granted. I. Overview This is a personal injury action. Plaintiff alleges that on 9/12/2017, he was walking through Providence Place Apartments (“Apartmen...

Excerpt: ...”) was a passenger. (UMF 2.) Plaintiff was also in the vehicle with his brother, Ernani Elga, and sister‐in‐law, Rosemarie Alega, at the time. Plaintiff filed this action against Ms. Naz on April 10, 2017 in Fresno County Superior Court, and it was transferred to Sacramento County Superior Court on February 14, 2018. Plaintiff does not dispute that Ms. Naz was not the driver of the Toyota involved in the subject accident, and also does not ...

Excerpt: ...o provide accurate itemized statements, failed to pay waiting time penalties, and violated the Unfair Competition Law (“UCL”), Bus. & Prof. Code § 17200. Plaintiffs further allege that Defendant is liable for civil penalties under the Private Attorneys General Act (“PAGA”). The parties engaged in informal discovery over the course of a year. They now seek preliminary approval of their settlement for the gross, non‐reversionary settleme...

Excerpt: ...on July 1, 2015 and has failed to make minimum monthly payments due and owing on the loan since that date. On January 6, 2020, the Court granted Plaintiff's unopposed motion for order deeming requests for admission admitted. (See ROA 14.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, the admissions state that Defendant received a loan from LOANME, INC., that she became delinquent on her payments, that ...

Excerpt: ...violation of California Government Code section 12940(a) for “pregnancy discrimination.” Specifically, Plaintiff alleges that in February 2018, while she was employed by Defendant as a server at Mimosa House, she became pregnant. She alleges that in June 2018, Defendant assigned Plaintiff to evening shifts that resulted in a substantial loss of income. Then in October 2018, Defendant demoted Plaintiff from a full‐ time server to a part‐ti...

Excerpt: ...rs. *** Defendant Thompson's demurrer to the Third Amended Complaint (“TAC”) and motion to strike the TAC's punitive damages allegations is ruled on as follows. Plaintiff's opposition was not timely filed or served and it also fails to comply with CRC Rule 2.111(3). It was, however, considered, by the Court. The Court notes that the contract attached as Exhibit C to the TAC contains plaintiff's social security number, which is therefore viewa...

Excerpt: ...nable to contact defense counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event defense counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's petition under Government Code section 946.6 for leave to present a claim not timely filed is GRANTED. Overview On June 12, 2018, Plaintiff, a native Armenian with limited English language abilities...

Excerpt: ...sentence of paragraph 6 of Parker White's declaration in support of Plaintiff's opposition are sustained. Discussion This is a premises liability (slip and fall) action. Plaintiff filed the Complaint on December 31, 2014. Five years from the original filing date was December 31, 2019. Defendant now moves for mandatory dismissal of the action since Plaintiff failed to bring the action to trial within five years. Plaintiff opposes the motion on the...

Excerpt: ...f Angelina Zeiher alleges that in July 2016 she purchased a 2016 Mini Cooper Clubman. During the warranty period, the vehicle contained or developed a number of defects. Plaintiff alleges that Defendants are “engaged in the design, manufacture, construction, assembly, marketing, sale, and distribution of automobiles, motor vehicles and other related components and services in Sacramento County.” Plaintiff purchased the vehicle from non‐part...

Excerpt: ... waives any objection that notice was not proper. (Bohn v. Bohn (1913) 164 Cal. 532; Carlton v. Quint (2000) 77 Cal.App.4th 690, 696‐698.) Here, A. Vrame was able to oppose the motion on its merits and has raised no argument that the insufficient service was prejudicial to him in preparing his opposition. Thus, the Court has jurisdiction to consider the motion on its merits. Overview This action was commenced in October 2016 and the complaint p...

Excerpt: ...Wohl Declaration, Ex. C. Plaintiff's objections on reply are OVERRULED. In its discretion, the Court has considered the evidence submitted by Defendant on reply. Plaintiff's opposition raised multiple issues regarding breach, waiver, and unconscionability that were not discussed in the moving papers. Accordingly, Defendant may provide evidence on reply to respond to the new issues raised by Plaintiff in opposition. Overview Plaintiff Brian R. Mue...

Excerpt: ...2 is SUSTAINED to the extent it improperly summarizes the content in the Wohl Declaration, Ex. C. Plaintiff's objections on reply are OVERRULED. In its discretion, the Court has considered the evidence submitted by Defendant on reply. Plaintiff's opposition raised multiple issues regarding breach, waiver, and unconscionability that were not discussed in the moving papers. Accordingly, Defendant may provide evidence on reply to respond to the new ...

Excerpt: ... 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 in person or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). According to the moving papers, plaintiffs and defendant settled ...

Excerpt: ...submitted by Mahan to CARB seeking records related to what he refers to as the Volkswagen TDI emissions scandal. When CARB failed to produce the requested records immediately, Mahan filed the present action seeking a writ of mandate commanding CARB to comply with his request. The Court has issued numerous orders over the long course of this case. On September 1, 2017, it issued what it thought would be its final order. The final order explains th...

Excerpt: ...t 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 is a personal injury action arising from a motor vehicle accident in February 2017. Plaintiff alleges she was at the time a passenger in a car driven by defendant Dockery, a driver for defendant Lyft who rear‐ended another car at a high rate of speed. Plain...

Excerpt: ...ion on the motion. Overview The Complaint alleges a single cause of action for fraud against Defendants arising from litigation filed in 2003 by the Sacramento Metropolitan Air Quality District (the “District”) against Jerome H. Sprague in his individual and representative capacities and the Jerome H. Sprague Family Revocable Trust (the “Trust”). The 2003 litigation concerned violations of regulations governing the removal of asbestos con...

Excerpt: ...ty, Oregon; (b) to waive any challenge to the Oregon court's jurisdiction; (c) to waive any applicable statute of limitation in Oregon; (d) to be bound by and to satisfy any judgment rendered by the Oregon court; and (e) make documents in their possession and witnesses available in Oregon, at their expense. I. Overview This is a wrongful death action arising from an automobile accident that occurred in Jackson County, Oregon on 7/24/2019. Plainti...

Excerpt: ...on of Sarah Fritz, submitted on reply, are OVERRULED. The Court finds that the Fritz Declaration, submitted on reply, is responsive to Ms. White's assertions in her declaration, submitted in opposition, that Ms. White and Ms. Fritz did not have any confidential communications. It is further responsive to the implication inherent in Ms. White's declaration that the communications attached as an exhibit were wholly representative of Ms. White and M...

Excerpt: ...Kamar Singh (“Singh”) and Kent Hogan (collectively “Plaintiffs” or “Buyer”) are the assignees of two Vacant Land Purchase Agreements (“Purchase Agreements”) and Joint Escrow Instructions. Escrow failed to close on time and Defendants refused to close on the properties and retained the deposits. The First Amended Complaint asserted causes of action for: (1) declaratory relief, (2) promissory estoppel, (3) specific performance, and ...

Excerpt: ...a (“Property”). Defendants failed to pay the rent for November 2019 on or before 11/5/ 2019. Plaintiff served a three day notice to pay or quit on 11/6/2019 (“November Notice”). Defendants failed to comply. Plaintiff served a notice of termination on 11/13/2019 indicating that the lease was terminated and demanded that Defendants vacate the Property (“Termination Notice”). Defendants again refused to comply. On 12/13/2019, Plaintiff s...

Excerpt: ...ers. *** Defendant The Ezralow Company, LLC's (“TEC") demurrer to Plaintiff Taylor Lee's Second Amended Complaint (“SAC”) is ruled upon as follows. I. Overview This is an employment action. Plaintiff was employed with TEC as a property manager. In December 2017 she received a poor performance review which resulted in her being placed on a performance improvement plan. Plaintiff maintains that her work performance improved significantly but ...

Excerpt: ...9 Azevedo Drive, Apartments 202, in Sacramento (the “Property”). Plaintiffs allege they entered into a lease agreement for the Property on December 29, 2012, at a rate of $679 per month. Efren owned the Property until December 2, 2016, when it sold the Property to defendant Riverglen Apartments, LLC (“Riverglen”). Plaintiffs filed this action on July 19, 2019, alleging causes of action against Efren, and co‐defendant Riverglen, for (1) ...

Excerpt: ...tative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact the other parties prior to the hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The motion of Plaintiffs Cosis, LLC; Brenda Barnicle; Brenda M. Codding; Dorothy F. Marshall, Trustee; Kimberly Stewart; and Stephen M. Stewart (collectively “Plaintiffs”) for summary judgment, or in the alternative, summary adj...

Excerpt: ...nally under seal, is OVERRULED. Defendants' objections to the Declaration of Sarah Fritz, submitted on reply, are OVERRULED. The Court finds that the Fritz Declaration, submitted on reply, is responsive to Ms. White's assertions in her declaration, submitted in opposition, that Ms. White and Ms. Fritz did not have any confidential communications. It is further responsive to the implication inherent in Ms. White's declaration that the communicatio...

Excerpt: ...e Apartments, et al.'s motion to strike portions of plaintiff's complaint is ruled upon as follows. 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 Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, al...

Excerpt: ...ules, 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. 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 co...

Excerpt: ...0(b) (3)‐(4). The opposition filed by defendant Hinojosa includes a Traffic Collision Report (“TCR”) for the subject accident. TCRs are generally not admissible in court proceedings and their ultimate conclusions about causation are specifically not admissible. (See, e.g., Vehicle Code §20013; Box v. California Date Growers Assn. (1976) 57 Cal.App.3d 266, 270; Carlton v. Department of Motor Vehicles (1988) 203 Cal.App.3d 1428, 1432.) Findi...

Excerpt: ...e complaint is ruled on as follows. Plaintiffs' counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4) and Rule 3.1113(f). This matter was originally noticed for hearing on 12/19/2019 and that any opposition was therefore due no later than 12/6/2019. On 12/12/2019 defendant filed and served a notice that no opposition to this demurrer had been received. Then on 12/13/2019, plaintiffs filed what is labeled “Opposition Response to Defendant's ...

Excerpt: ...abit”) duties to defend and indemnity Cross‐Complainants against Plaintiff Licia Ann Weiser's (“Plaintiff”) personal injury claims, as asserted in Cross‐Complainants' second cause of action for express contractual indemnity against Habit. The MSA is premised upon the language of the hold harmless provision contained within the lease between Cross‐Complainants and Habit. Cross‐Complainants' MSA is DENIED as follows. Evidentiary Objec...

Excerpt: ... his vehicle to El Pollo Loco to obtain food for a delivery assignment for DoorDash. Plaintiff asserts two causes of action against defendants Terry Carpenter (“Mr. Carpenter”) and DoorDash, Inc. (“DoorDash”) for (1) negligence, and (2) negligent hiring, selection, and retention. Prior to hiring a driver as delivery personnel for DoorDash, DoorDash has a background check on each driver performed by a company called Checkr. Mr. Carpenter's...

Excerpt: ...y General Act (“PAGA”) action. Plaintiff Robert Parsons, as an individual and on behalf of all others similarly situated, alleges that Defendant violated Labor Code §204(d) by failing to timely pay its employees. Plaintiff requests civil penalties pursuant to Labor Code §2698 et. seq. Defendant moved for judgment on the pleadings on the ground that Plaintiff failed to serve a demand on Defendant pursuant to Labor Code §211 prior to the fil...

Excerpt: ...medical negligence, (2) elder abuse , and (3) loss of consortium, against Dr. Chan and defendant Elizabeth Wasson, M.D. (“Dr. Wasson”). Plaintiffs allege that Mrs. Rivers, a 66 year old woman, was admitted to Mercy General Hospital on June 25, 2018 to undergo a consultation with an infectious disease doctor on June 26, 2018. They allege that “[A]t the point of [Mrs. Rivers'] admission, All Defendants had a substantial caretaking or custodia...

Excerpt: ...al Rule 1.06. Moving counsel is directed to contact opposing counsel and advise 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 person or by telephone. Defendant's request for judicial notice of the National Highway Traffic Safety Administration's database, accessible th...

Excerpt: ...as now received a sufficient meet and confer declaration, and this motion follows. Overview This action arises from an incident at a demonstration. Plaintiff alleges that while she was protesting at a March 31, 2018 demonstration, defendant Miguel Trejo, a Sacramento County Sheriff's deputy (“Deputy Trejo”), intentionally struck her with his patrol vehicle at the scene of a demonstration and then fled. Plaintiff filed her Complaint on April 2...

Excerpt: ...ging common counts, defendant filed an answer which included a general denial followed by 24 purported affirmative defenses. In this motion plaintiff now seeks to strike all but five of these affirmative defenses on the grounds they were asserted in violation of the standards found in Code of Civil Procedure §128.7(b)(2) and (3) and defendant, after being provided notice and opportunity, failed to withdraw these defenses. Plaintiff also requests...

Excerpt: ...11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Overview Plaintiff Maria Liverett (“Liverett”) and Cross‐Complainants are in the horse training industry. Liverett operates Ria Ranch Horsemanship which trains people to ride and understand horses. Cross‐Complainants run horsemanship clinics around the United States. Cross‐Complainants offer to train others to be trainers...

Excerpt: ...ed that all documents were served. The Court, in an abundance of caution, continued the matter for Plaintiff to serve the motion with all the papers. It also provided Plaintiff an additional opportunity to serve an opposition. Defendants complied with the Court's order. Plaintiff did not file another opposition. This is an action for breach of contract, negligence, and claim against contractor's bond. Plaintiffs named Mateush and West Coast Const...

Excerpt: ...cts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (CRC Rule 2.550 (d). Here, Exhibits A a...

Excerpt: ...ur provisions by Defendant Flyers Transportation, LLC and Flyers Energy, LLC (“Defendant”). The Court signed the order granting Plaintiffs' motion for preliminary approval of class action settlement on September 3, 2019. Now, Plaintiffs' seek final approval of the settlement, the terms of which have not changed since the preliminary approval. For purposes of settlement, the Settlement Class is defined as: All persons who are currently employe...

Excerpt: ...imitations pursuant to Code of Civil Procedure section 338; (2) Plaintiff does not plead specific facts required to state and support exceptions to the statute of limitations; (3) Plaintiff does not specifically plead the facts of the alleged fraudulent inducement by concealment; and (4) Plaintiff does not plead facts or damages that would except his fraud claim from the restriction of the economic loss rule which would limit his claims to contra...

Excerpt: ...mages with prejudgment interest under Civil Code section 3287 and any other provision of law providing for prejudgment interest.” (Compl. ¶56.) Defendant now moves to strike this claim for prejudgement interest from the Complaint, on the grounds that prejudgment interest cannot be recovered against public entities or public employees acting within the scope of their employment, where the plaintiff seeks damages for personal injuries. (Cal. Civ...

Excerpt: ...'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 person or by telephone. Factual Background This action was commenced on 7/24/2019 by the Attorney General of California on behalf of the People of this state. The complaint generally alleges that defendant Move America Forward (“MAF”), identified as a...

Excerpt: ...he plaintiff's objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants BMW of North America, LLC (“BMW NA”) and Niello Bavarian Automobiles, Inc. dba Niello BMW's (collectively “Defendants”) motion for summary judgment or alternatively, for summary adjudicati...

Excerpt: ...endants California State Assembly (“Assembly”), Assembly Rules Committee (“Committee”), Assembly Speaker Rendon, Assemblywoman Garcia and Assemblywoman Quirk‐Silva's demurrer to the Complaint is ruled on as follows. The Court finds that a number of defendants' citations to legal authorities were incorrect and/or inaccurate, causing an unnecessary consumption of finite judicial resources. Counsel should in the future pay more attention t...

Excerpt: ...at the hearing. 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. *** Defendant County of Sacramento's (“Defendant”) motion for summary judgment is DENIED on as follows. I. Request for Judicial Notice Defendant's request for judicial notice is unopposed and granted. Plaintiff's request for judicial notice is denied as the subject evidenc...

Excerpt: ...uity loan to remodel her home. Mr. Green then retained control of the $100,000, supervised the remodel for a fee of $2500, but did not provide Plaintiff with any receipts. Plaintiff believes that the remodel cost $85,000, but she did not recover the remaining $15,000 from Mr. Green. Plaintiff further alleges that she then sold her home in May 2006. Plaintiff alleges that Mr. Green obtained an additional $39,000 from escrow from the sale of her ho...

Excerpt: ... and PAGA Representative Action Settlement is UNOPPOSED and is GRANTED. This is a putative class action for violations of Labor Code section 226, subdivision (a) (failure to provide employees with accurate itemized wage statements). Plaintiff alleges when he and Class Members were paid overtime wages, the wage statements issued by Defendant did not identify the applicable rate of pay for said overtime wages. Rather, the overtime rate was identifi...

Excerpt: ... unable to contact opposing counsel prior to the hearing, moving counsel shall be available at the hearing, in person or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's motion for summary judgment, or in the alternative summary adjudication, is DENIED as follows. This is a wage and hour class action in which Plaintiff alleges Defendant Elite HR Logistics, Inc. (“D...

Excerpt: ...l relationship), and negligent security. Defendants' separate statement of undisputed material facts filed in support of the motion does not comply with California Rules of Court, rule 3.1350, which states: “If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause[s] of action . . . must be stated specifically in the notice of motion and be repeated, verbatim, in the separ...

Excerpt: ...kal's (“Plaintiff”) motion to compel Defendant FCA US LLC (“Defendant”) to: 1) produce for deposition a Person(s) Most Knowledgeable/Qualified (“PMK”) on ten disputed categories of testimony that were identified in Plaintiff's Second Amended Notice of Deposition, and 2) compel the production of documents responsive to seventeen requests for production of documents (“RFPs”) contained in the deposition notice is GRANTED in part and ...

Excerpt: ...ly 15 court days' notice. Monday, January 20, 2020 was a court holiday. Petitioners, however, did not object to the deficient service. Factual and Procedural Overview In September 2018, the Salvadors sold 51% of their ownership interest in real party in interest Off‐Spec Solutions, LLC (“OSS”) to petitioner Transportation Investors, LLC (“TIL”). OSS was formed by the Salvadors in Delaware but has its principal place of business in Idaho...

Excerpt: ...ifornia Public Employees' Retirement System (“CalPERS”) demurrer to Plaintiff Nancy Michaels' (“Plaintiff” or “Michaels”) Third Amended Complaint (“TAC”) is ruled upon as follows. CalPERS' and Plaintiff's requests for judicial notice are GRANTED. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal...

Excerpt: ...d Petitioner as the contractor to construct the building. Petitioner seeks approximately $200,000 for construction work performed on the Project. The crux of the parties' dispute concerns causation/responsibility for various delays and disputed change orders on the Project as well as alleged construction defects. The matter was arbitrated from August 26, 2019 through August 29, 2019. Arbitrator Kenneth M. Malovos, Esq. awarded Petitioner $118,318...

Excerpt: ...e of the original complaint and/or the First Amended Complaint ("FAC"). Plaintiffs' newly retained counsel, Karen Goodman, notes in her declaration that she was unable to find a proof of service for the summons and complaint, or for the FAC, in Plaintiffs' file or on in the Court's file. (Goodman Decl. ¶3, Exs. 2, 3.) She asserts that this "was confirmed in conversations with defense counsel." (Id. ¶3.) Those pleadings were filed and purportedl...

Excerpt: ...dependant abuse action. Plaintiff filed the original complaint on October 26, 2018 and her first amended complaint (“FAC”) on February 25, 2019. The FAC alleges two causes of action against defendant Citrus Healthcare, Inc. dba Citrus Home (together “Citrus”) for (1) dependent abuse (Welfare & Institutions Code § 15600, et seq.), and (2) violation of the resident's bill of rights. Plaintiff alleges that she is a bed bound, non‐verbal, ...

Excerpt: ..., Inc. and RTS Incorporated (together, "Defendants"). Plaintiffs worked for Defendants in California as courier independent contractors. Plaintiffs allege that Defendants' policies and practices resulted in Defendants' failure to provide Plaintiffs and the aggrieved employees with accurate itemized wage statements, lawful meal breaks, meal periods, and rest periods, overtime pay, wages owed upon separation, and also that Defendants violated Busin...

Excerpt: ...ed at the hearing and 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. *** Defendant Sullyvan W. Tang, M.D.'s Motion for Summary Judgment is ruled upon as follows. This is an action for Wrongful Death (Medical Malpractice). Plaintiffs Maryjane Selvidge ("MaryJane"), Vincent Selvidge, Jr. ("Vincent") and Mavery Selvidge ("Mavery") (collective...

Excerpt: ...ties 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 Surendra Singh (“Singh”) and Ajay Kumar's (“Ajay”) (collectively “Moving Defendants”) motion for summary judgment or in the alternative, summary adjudication as to each of plaintiff in pro per's causes of action, is ruled on as follows. Defendant in pro per Rakesh Kumar's ...

Excerpt: ...osing parties' counsel prior to the hearing, moving parties' counsel shall be available at the hearing, in person or by telephone, in the event opposing parties' counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendants HBR, Inc. dba Hybrid Group Realty and Veniamom Bondaruk aka Ben Bondaruk's ("Settling Defendants") motion for determination of good faith settlement is GRANTED, as follows. The Court, in its disc...

Excerpt: ...Brian F. Bolstad (“Plaintiff”), a duty of defense and indemnification in a civil action filed by Chelsea Hall against Plaintiff and his dentistry business (“underlying action”). In the underlying action, Ms. Hall alleges Plaintiff, without provocation, struck her unleashed 8‐year old Chihuahua on the head with a martial arts weapon, fracturing his skull and killing him. Ms. Hall alleges in the underlying action causes of action for conv...

Excerpt: ...17, Plaintiff, his mother, and older sister, were at the School to sign up for a summer science program. Co‐ Defendant Sacramento Municipal Utility District ("SMUD") employees were also at the School passing out free toys to all children present on the campus. SMUD employees gave Plaintiff a free "snap‐ bracelet." SMUD employees did not give Plaintiff or his mother any instructions or warnings as to the dangerous nature of the bracelet. The b...

Excerpt: ...f's request for judicial notice is granted. This is an attorney malpractice action. Trial was originally scheduled for 7/23/2019. Defendants moved, pursuant to the parties' stipulation, to continue trial due to defense counsel's unavailability and Defendants' desire for additional time to obtain Plaintiff's medical records with the VA. Trial is now scheduled for 4/6/2020. No motion for summary judgment/adjudication has yet been filed. Defendants ...

Excerpt: ...tion. Decedent Bernice Butler was admitted to Defendant's facility on March 7, 2017. She passed away on July 10, 2017. The parties recently stipulated to vacate the trial date so that they could conduct further discovery. Plaintiffs move to compel 29 witnesses for deposition. These witnesses include 12 Certified Nurse Assistants, 14 Licensed Nurses, Defendant's Dietary Supervisor, Defendant's Staffing Coordinator, and Defendant's Director of Educ...

Excerpt: ...nce they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Overview The undisputed facts in this matter are set forth on pages 5‐6 of CAIC's motion and is CAIC's Separate Statement as follows: CAIC insured Davis Development Company, Inc. ("Davis") under policy number BA040000003225 from December 28, 2013 through December 28, 2014. (UMF 1.) The CAIC policy provided liability coverage of a combin...

Excerpt: ... The facts are in dispute. As the traffic slowed, Rawlins rear‐ended Plaintiff Krystal Sharma's (“Plaintiff”) vehicle. Rawlins, in turn, asserts that he was struck by Galicia's vehicle. Rawlins claims that he fully stopped behind Plaintiff and only rear‐ended her because he was first struck by Galicia's vehicle. Galicia disputes that he rear‐ended Rawlins. Plaintiff filed this action against Rawlins in December 2018, and later substitut...

Excerpt: ...2019, Plaintiffs filed this PAGA Complaint against Defendant. Plaintiffs allege a single cause of action for PAGA penalties based on Defendant's alleged failure to provide itemized wage statements in violation of Labor Code section 226. (Compl. ¶13.) Specifically, Plaintiffs alleged that Defendant provided wage statements that listed the overtime rates as lower than the base rates, when the overtime rates should equal 1.5x the base regular rate ...

Excerpt: ...g Jerritt, Franklin Fong, Jerry Fong, and Art Fong (together, “Plaintiffs” or the “Siblings”), against Samuel's son, Jason. It involves claims by the Siblings related to the estate and trust of Samuel, who is now deceased. There are four other related actions currently pending in this Court, all of which involve the Estate of Samuel Fong. In this Complaint, Plaintiffs allege that their parents previously created The Lily Company, a Califo...

Excerpt: ... injured by carbon monoxide gas during their stay at one of Defendants' hotels. They filed this action in December 2017. In September 2019, Cross‐Complainants filed a Cross‐Complaint against Emerson and three other crossdefendants for indemnity, alleging that Emerson and the other cross‐defendants are wholly or partially responsible for Plaintiffs' damages because they “performed services, designed, manufactured, work and/or supplied mate...

Excerpt: ...eowners' policy with CAIS in an underlying action filed by QuantFaragasso against Mattos. CAIS seeks a judicial determination that its policy does not provide coverage or otherwise excludes coverage for the lawsuit filed by QuantFaragasso. The underlying action was filed by Quant‐Faragasso against Mattos on October 16, 2018 in Yolo County Superior Court (No. CV18‐1915) (the “Underlying Action”). The Underlying Action arises from Quant‐F...

Excerpt: ...ed by Local Rule 1.06. Plaintiffs are 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 plaintiffs are unable to contact opposing counsel prior to hearing, plaintiffs are ordered to appear at the hearing in person or by telephone. Overview This case arises from the treatment and 5/19/2015 death of Reverend Amaziah Altraide (“Decedent”)....

Excerpt: ...l arbitration pursuant to a written arbitration agreement on June 18, 2019. Plaintiff opposed the motion, alleging Plaintiff never signed the subject agreement; Plaintiff does not understand English and the agreement was not translated so that Plaintiff could understand its contents; the arbitration agreement submitted by Defendants was not properly authenticated and was therefore inadmissible; and the agreement is not subject to the FAA because ...

Excerpt: ...atters. *** Plaintiff's (“Pitchess”) motion for disclosure of defendant Deputy Trejo's law enforcement files is ruled on as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Plaintiff's counsel again failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises from an incident occurring during a demonstration. The complaint alleges that an on‐duty County of S...

Excerpt: ...tiff was initially supervised by defendant Carroll and Linda Lambert, both of whom are alleged to have immediately commenced harassing plaintiff. Plaintiff alleges in Paragraph 12 that Lambert's harassment continued for many years but did finally stop in approximately September 2016, when Lambert was terminated “largely” as a result of plaintiff's complaints about Lambert. Lambert is not named as a defendant in this action but Paragraphs 13�...

Excerpt: ..., prior to being named as a defendant in this action, Defendant was diagnosed with Stage IV ovarian cancer. Defendant underwent surgery on May 9, 2019, and has been hospitalized periodically after the surgery due to complications from her diagnosis and chemotherapy. On August 26, 2019, Plaintiff served Defendant with written discovery (form interrogatories, special interrogatories, and a request for production of documents). Plaintiff granted Def...

Excerpt: ... matters. *** Defendant Sacramento Regional Transit District's ("SRTD") Demurrer to Plaintiff Susan Sa's ("Plaintiff") Second Amended Complaint ("SAC") is ruled on as follows. SRTD's request for judicial notice is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Co...

Excerpt: ... 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. *** The notice of motion 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 procedur...

Excerpt: ...pro per Renee Martin's motion for reconsideration of the Court's 11/25/2019 ruling on defendants Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2004‐3, Asset‐Backed Certificates, Series 2004‐3, and PHH Mortgage Corporation's (collectively “Defendants”) demurrer to the Second Amended Complaint (“2AC”) is DENIED, as follows. The notice of motion does not comply with Code o...

Excerpt: ...essed 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 plaintiff's employment with defendant One Community Health (“OCH”). The operative First Amended Complaint, which spans 50‐plus pages excluding exhibits, asserts 15 individual statutory causes of action under the Fair Employment and Housing Act (“...

Excerpt: ...t. Plaintiff agreed to make three installment payments and to execute a Modification Trial Agreement. Plaintiff agreed to file a dismissal of the entire lawsuit with prejudice within 5 business days of the execution of the settlement agreement. The parties also agreed that in the event of a breach of the agreement, the prevailing party to an action to enforce the terms of the agreement is entitled to reasonable attorneys' fees and costs incurred ...

Excerpt: ...sed at the hearing and 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. *** Defendants Vivienne (“Vivienne”) and Richard (“Richard”) Yamamoto's (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview Plaintiff Marcella Luna alleges that she received t...

Excerpt: ... significant traumatic brain injury, among other injuries. Co‐Defendants Alcal Specialty Contracting, Inc., Rodrigo Espino Huerta and Pacific Coast Building Products, Inc. have noticed Plaintiff's deposition for January 28, 2020. Plaintiff moves for a protective order requiring that Defendant's attendance at the deposition be limited such that she is not in the same room as Plaintiff during his testimony. Plaintiff proposes that Defendant atten...

Excerpt: ...and sent him home with pain pills and antibiotics. He proceeded home and started feeling cold. Once home, he started to shake and his roommate called 911. Plaintiff became unconscious and lost his pulse, he was revived using the paddles. He was transported to the hospital where he stayed until 8/16/2017. His medical records were released on 8/25/2017. He alleges that due to his inability to read and write, the medical records were reviewed and ex...

Excerpt: ...ter Health”), and Christi Walsh's (“Walsh”) (collectively “Defendants”) demurrer to Plaintiff Juli Pywell's complaint is ruled upon as follows. Defendants' request for judicial notice is granted. Overview This is an employment discrimination, whistleblower, wrongful termination action. She alleges that Sutter Health and co‐defendant Sutter Valley Health (“SVH”) “all directly and indirectly employed plaintiff Plywell, as defined ...

Excerpt: ...eges decedent Louise Chappell (“Decedent”) received substandard care at Defendants' skilled nursing facility. Defendants argue that Plaintiff is bound by the arbitration agreement (“Arbitration Agreement” or “Agreement”), which was signed by the Decedent's agent, Ms. Sanders, upon Decedent's admission to Defendants' facility. (Def. Ex. A; Sherman Decl. ¶¶3‐6.) It was not signed by Decedent. (Id.) The Arbitration Agreement states i...

Excerpt: ...e she was secured to a gurney in the back of an ambulance after suffering an epileptic seizure. Defendant has been charged and found guilty of crimes arising from the same incident, and he is currently challenging those findings on appeal in the 3rd District Court of Appeal (Case No. C088230). Defendant seeks to stay this civil action, and all discovery in this action, until the appeal is resolved, arguing that if the matter is remanded back to t...

Excerpt: ...Defendant to Produce Witnesses for Deposition, and (4) Motion to Compel the Deposition of Person Most Qualified and Request for Documents are ruled upon as follows. Plaintiffs move for a second time to compel further responses from Defendant to Plaintiff's Form and Special Interrogatories, Set One. At issue are 9 form interrogatories and 27 special interrogatories. Plaintiffs also move for a second time to compel further responses to 55 Requests ...