Excerpt: ...s. CDCR's request for judicial notice is GRANTED. This is a wrongful death action and survival action. Plaintiff M.B. is the minor son of former state prisoner, decedent Milton Beverly, Jr. (“Decedent”). Plaintiff alleges that Decedent was not provided with proper medical care, supervision, and suicide precautions while he was incarcerated at California State Prison, Sacramento, which caused Decedent to commit suicide on November 24, 2016. Pl...

Excerpt: ...ific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Dignity Health dba Mercy San Juan Medical Center's motion for summary judgment is GRANTED, as follows. Opposing counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Both moving and opposing counsel failed t...

Excerpt: ... 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 person or by telephone. Factual Background This is a nonjudicial foreclosure case. Plaintiff Kipgen now sues Bank for the third time, again asserting he is the successor ‐in‐interest...

Excerpt: ...gs in Dept. 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 time for hearings in Dept. 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. Factual Background Plaintiff AML is a manufacturer of e...

Excerpt: ...he Second Amended Complaint (“2AC”) is DENIED, as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Plaintiff failed to comply with CRC Rule 3.1110(b)(3)‐(4). Overview This is a non‐judicial foreclosure action arising out of plaintiff's $185,000 mortgage loan which originated in 2004. Plaintiff's 2AC purported to assert causes of action for (1) Violation of the Security First Rule; Po...

Excerpt: ...he Court's tentative ruling procedure. If Defendant's counsel is unable to contact opposing counsel prior to the hearing, Defendant's 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). Defendant's demurrer to Plaintiff Angelina Kubrakov's (“Plaintiff”) First Amended Complaint (“FAC”) is SUSTAINED with leave to amend....

Excerpt: ...ng 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 County of Sacramento's (“County”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is a wrongful death action. Plaintiffs are the heirs and successors‐in‐interest to decedent Jamari Moore (“Decede...

Excerpt: ... motion matters. *** Plaintiff Edward Mitchell's demurrer to Defendants ABM Industries, Inc., ABM Building Services, LLC, and ABM Building Solutions, LLC's (collectively “ABM”) answer is ruled upon as follows. This is a premises liability action. Plaintiff alleges that on 1/8/2018, he was an invitee at 500 David J. Stern Walk, Sacramento, California 95814 (“Premises”). The Premises was “owned, leased, operated, occupied, maintained, and...

Excerpt: ...its 1, 4‐9. His request is denied as to Exhibits 2‐3. Overview and Procedural History Gonzalez initially filed this action in pro per on 11/18/2015. His initial complaint asserted causes of action for negligence, intentional tort, and fraud against California State Automobile Association and DOES 1‐50. On 2/19/2016, Judge Cadei found Gonzalez to be a vexatious litigant in Gonzalez v. Kitay, Sacramento Superior Court Case No. 34‐2012‐ 00...

Excerpt: ... Demurrer to the Defendant May‐Han Electric Inc. dba M&M Electric's (“Defendant”) Answer is SUSTAINED with leave to amend. This action arises from an incident where an underground gas line exploded near Plaintiff's home, allegedly damaging Plaintiff's property. Plaintiff filed her Complaint on July 8, 2019, and Defendant filed its Answer on August 19, 2019. Defendant's Answer contains four affirmative defenses. Plaintiff argues that the dem...

Excerpt: ...ant”) Motion to Compel Plaintiff Jonathan Billiet (“Plaintiff”) to Arbitration is DENIED. Plaintiff worked for Defendant from August 15, 2017 to May 19, 2018. On May 24, 2019, Plaintiff filed this action against Defendant, alleging violations of the Private Attorneys General Act of 2004, Labor Code section 2698 et seq. (“PAGA”), including meal period violations, rest period violations, and a failure to pay missed meal period premiums. D...

Excerpt: ... requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific grounds for the motion 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. *** Plaintiff in pro per Taylor's third Motion for Judgment on the Pleadings is DENIED, as follows. Plaintiff's declaration in support of t...

Excerpt: ...dant Wellspace Health's motion for summary judgment or in the alternative, summary adjudication as against plaintiff in pro per is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be set forth in the notice of motion and repeated verbatim in the separate statement. Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evid...

Excerpt: ...ww.saccourt.ca.gov. *** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's six (6) Undisputed Material Facts and/or which of plaintiffs' seven (7) Additional Material Facts will be addressed 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 iss...

Excerpt: ...nt Corey Travis' motion for summary judgment or in the alternative, summary adjudication as against plaintiffs in pro per is ruled on as follows. 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 plaintiffs in pro per and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving co...

Excerpt: ...ees and costs pursuant to settlement agreement is ruled upon as follows. Overview This is a lemon law action. On July 2016, Plaintiff purchased a new 2016 Jeep Cherokee. The vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but limited to, various engine, transmission, steering/suspension, and structural defects. Plaintiff filed th...

Excerpt: ...tion subpoenas is ruled upon as follows. This is an action for negligence, sexual battery and battery between a high school teacher and his minor student. Trial has been continued three times. Trial was initially scheduled for 5/7/2018. Plaintiff moved to continue trial pursuant to the parties' stipulation. The Court granted the motion and rescheduled trial for 9/11/2018. The Court's order stated that “all the statutory deadlines, including dis...

Excerpt: ...iff Kent Taylor's (“Plaintiff”) Motion to Reclassify this Action from “Limited Civil” to “Unlimited Civil” is DENIED. This is a landlord‐tenant action. On August 8, 2019, this Court granted Defendant Logos Property Investments LLC's ("Defendant") Motion to Reclassify Case From "Unlimited Civil" to "Limited Civil." (ROA 133.) In its ruling, the Court explained, “A motion to reclassify an unlimited case t...

Excerpt: ....ca.gov Defendant HBE Corporation's (“HBE”) Motion to Compel Arbitration of Plaintiff Gudgel Roofing, Inc. dba Yancey Roofing, Inc. (“Plaintiff”) and Stay the Action is GRANTED. Overview This is a construction defect action. On June 18, 2012, HBE entered into a designbuild contract (“Prime Contract”) with Willits Hospital, Inc. dba Frank R. Howard Memorial Hospital to construct the Frank R. Howard Memorial Hospital in Willits, Califor...

Excerpt: ...oila Esparaza's (“Plaintiff”) Motion to Compel Defendant Lefever Mattson Property Management (“Defendant”) to comply with its responses to Plaintiff's Request for Production (“RFP”) (Set One), Nos. 1‐4 and 8‐10 is ruled on as follows. In this action, Plaintiff alleges that Defendant wrongfully entered Plaintiff's rental unit and damaging and/or stealing items of Plaintiff's personal property. Plaintiff alleges causes of action aga...

Excerpt: ...dants' motion to re‐open discovery is GRANTED, as follows. Factual Background This action was commenced in September 2016 and both sides have had several different attorneys. The action has been set for trial several times but it has been continued for various reasons, twice at the request of plaintiff and twice at the request of defendants. Of particular note, when the matter was called for trial in March 2019, defendants reported that their a...

Excerpt: ...s “Motion to Enforce Settlement Agreement and Enter a Judgment Pursuant to the Terms of the Settlement” is ruled on 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...

Excerpt: ....saccourt.ca.gov. *** Defendants' demurrer to the first and second causes of action alleged in plaintiff's complaint is SUSTAINED IN PART and OVERRULED IN PART, as follows. Plaintiff's counsel 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 Sheriff's Deputy driving a law enforcement vehicle struck the plaintiff as sh...

Excerpt: ...*** This matter is on calendar for oral argument only. The tentative ruling previously issued by the Court is set forth below. This matter was originally set for hearing on 8/7/2019 but was continued to this date to permit the Court to consider plaintiff's opposition papers and to permit defendants to file a reply to his opposition. The Court, having now considered the opposition and reply papers, issues the following tentative ruling. Defendants...

Excerpt: ..."Galt Address"). Defendant moves to set aside pursuant to CCP 473.5, CCP 473(d), and under the inherent equitable power of the Court. The motion pursuant to CCP 473.5 is untimely. CCP 473.5 provides that "[t]he notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of ...

Excerpt: ...** Defendants State of California ("State"), Xavier Becerra ("Becerra") and Brent E. Orick Orick"), Acting Chief of the California Department of Justice's Bureau of Firearms ("BOF") (collectively "Defendants") to the first amended complaint (“FAC”) is ruled on as follows. Overview This action was commenced by plaintiffs Franklin Armory, Inc. ("FAI"), a firearms manufacturer, and Sacramento Black...

Excerpt: ...s' notice of motion and motion requests an order striking 12 different portions of Plaintiffs' complaint. The motion was made on grounds that these allegations were not drawn or filed in conformity with the law of this state, a court rule, or an order of the court. (Code Civ. Proc. § 436(b).) However, both Defendants' moving memorandum of points and authorities and its reply fail to present a single argument as to how any of these factual allega...

Excerpt: ...an, who are plaintiffs in this action. Milagros Rada also had a son who predeceased her, Rhosdon, whose five adult children are plaintiffs in this action‐ Rhosdon Jasper, Rhosdon Diamond, Rhosdon Gold, Rhosdon Dawn, and Rhosdon Donald.” (FAC, ¶ 6.) On 5/4/2018, Milagros was walking on the sidewalk in front of Hazel Strauch Elementary when Karen Mendoza drove out of the school parking lot and hit her. Plaintiffs allege that the intersection o...

Excerpt: ... qualified as an insured under the policy. At some point, Bruce filed a gender discrimination, retaliation and defamation lawsuit against the Regents of the University of California and its employees, Enrequita Rico and Leana (“Bruce's Action”). As against Leana, Bruce alleged that she defamed him. Bruce ultimately dismissed Leana from the suit. On 10/16/2018, Leana filed a lawsuit against the Regents of the University of California, Patrick ...

Excerpt: ...efendant Norman Masters' (“Masters”) demurrer to Defendant/CrossComplainant Sheri Sepanski's (“Sepanski”) first amended cross‐complaint (“FAXC”) is ruled upon as follows. This action arises out of the past relationship between Masters and Sepanski, which apparently was rife with discord and alleged abuse. Sepanski alleges that she was the owner of an auto sales business, over which she claims that in December 2015 Masters “intenti...

Excerpt: ...Zoo fell on her. Plaintiff was working as a job coach for Cross‐Defendant Northern California InAlliance (“InAlliance”), a company that provides training to adults with disabilities to help them integrate into the community. On 3/25/2019, the City filed its answer to Plaintiff's' complaint. On 6/2/2016, City filed a cross‐complaint against InAlliance and Summer Owens for indemnity, apportionment of fault, and declaratory relief. InAllianc...

Excerpt: ...and Tracy Hicks on January 7, 2019, the deposition of Gerald Terrill on April 4, 2019, and the deposition of Tamara Keating on June 18, 2019. Additionally, on April 11, 2019, PDQ obtained DMV records showing that Jason Keating did not have any DUI offenses or accident on his DMV record for the 10 years prior to the accident. Based on these newly discovered facts, PDQ has moved again for summary judgment/adjudication, pursuant to CCP § 437c(f)(2)...

Excerpt: ...November 2015 at Vibra Hospital. Ms. Vaughn was transferred to Vibra for continued management of her IV antibiotics, wound VAC,, hemodialysis, physical therapy, and occupational therapy, after treatment for methicillin resistant staphylococcus aureus (MRSA), and prosthetic valve endocarditis at Sutter Medical Center Sacramento in September and October 2015. (Def. Ex. A at p. 32.). Ms. Vaughn's surviving spouse, Kevin Vaughn, Sr., and her adult ch...

Excerpt: ...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 Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐ 121; Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97, 113; 1 Witkin, Cal. Evid. (5th ed.) Judicial Notice, § 21 at p. 128 ["Judicial notice of the authenticity and contents of an official document does not est...

Excerpt: ...or plaintiff's failure to bring this matter to trial within five years. In advance of the motion's original 7/22/2019 hearing date, this Court issued a tentative ruling denying CDCR's motion on the ground that CDCR was not seeking to dismiss the action but rather just two of the five causes of action alleged in the Third Amended Complaint (“TAC”). After receiving additional briefing on the matter, the Court on 8/19/2019 issued a Ruling on Sub...

Excerpt: ...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. *** The motion of defendant Estate of Jason Christopher Keating, Deceased (“Estate”) for summary adjudication of issues as against plaintiffs is DENIED in its entirety, as follows. The Court notes that most, if not all, of the affirmative defenses implicated by this motion do not appe...

Excerpt: ...port animal. The employee threatened Plaintiff by stating that he would stomp on Plaintiffs support animal; taser Plaintiff; pepper spray Plaintiff; and call the police on Plaintiff. The employee violently grabbed Plaintiffs dreadlocks and dragged her out of the AM PM by her hair. Plaintiff filed this action on 10/23/2017. Her complaint asserts causes of action for assault, battery, IIED, Respondeat Superior, and Negligent Hiring/Training/Retenti...

Excerpt: ...ber 20, 2016 when she fell at BJ's Restaurant as a result of Defendant's negligence. (UMF 1.) While Defendant fashions the instant motion as a Motion for Summary Judgment, Defendant presents two separate issues in its Separate Statement. The first Issue states: “Plaintiff's causes of action for negligence and premises liability fail as a matter of law because she has admitted Defendant was not negligent and that she has not suffered injury.” ...

Excerpt: .... Mar improperly and negligently performed the procedure, failing to exercise the proper degree of knowledge and skill in administering medical attention to Plaintiff, diagnosing Plaintiff, and treating Plaintiff during the procedure. (Compl. ¶9.) Plaintiff alleges that Dr. Mar's negligence caused Plaintiff damages, including physical and emotional pain and the inability to work. (Id. ¶10.) Dr. Mar moves for summary judgment on the ground he ac...

Excerpt: ...James F. Lewin, erroneously believed that the Complaint was served by substituted service on TMLF, meaning that service would not be deemed complete until the tenth day after Plaintiff's counsel mailed a copy of the Complaint to TMLF. (Lewin Decl. ¶5.) TMLF never received a mailed copy of the Complaint, and as a result, Mr. Lewin failed to properly calendar a date to timely file a responsive pleading. (Id. ¶¶4‐5.) Plaintiff's counsel served ...

Excerpt: ...aimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Environmental Alternatives Corporation's (“EAC”) motion for summary judgment is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Moving counsel failed to comply with CRC Rule 3.1354(b), which exp...

Excerpt: ...ncarcerated party within 48 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 incarcerated party need not request oral argument. The Litigation Coordinator shall make plaintiff available, by Court Call at 9:00 a.m. on the date of the continued hearing date, which will be September 24, 2019 , to participat...

Excerpt: ...Defendants Visit Elk Grove (“VEG”) and Rachel Brown's demurrer to the First Amended Complaint (“1AC”) ruled on as follows. Plaintiff's counsel failed to comply with CRC Rule 2.111(3). Plaintiff had a month‐to‐month contract whereby her company would provide various services to VEG, including web design, strategic planning and media relations. It is alleged that VEG's executive director expressed interest in a romantic relationship wit...

Excerpt: ...CTS The following facts are taken from the First Amended Cross‐Complaint filed by CrossComplainants Applied Underwriters Captive Risk Assurance Company, Inc. (AUCRA), and California Insurance Company (CIC) (together referred to as “Applied”). For purposes of demurrer, these facts are assumed to be true. In January 2013, Mountain F and Applied entered into agreements relating to Mountain F's purchase of workers' compensation insurance. (FACC...

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. *** Defendant Morton's of Chicago/Capital Mall, LLC's (“Defendant”) Motion for Summary Judgment is ruled upon as follows. This is a slip‐and‐fall action. Plaintiff Janet Tyer (“Plaintiff”) alleges one cause of action for premises liability against Defendant, arising from her slip and fall...

Excerpt: ...will be addressed 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 Sacramento Metropolitan Fire District's (“District”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. Overview This is a personal injury action. Plaintiff Frankie Griffin alleges that on 2...

Excerpt: ...t experienced ongoing and recurring problems with the right sliding door. Defendant has served three notices of depositions of Plaintiffs. The originally noticed depositions did not move forward. Plaintiffs served belated objections to the first amended notice of depositions, but Defendant's counsel had already driven from Roseville to Stockton to attend the deposition before he received the objections. The parties thereafter agreed to set the de...

Excerpt: ...t 11 percent interest, with payments being made quarterly in an amount equal to fifteen percent of amounts received by Resighini from the Revenue Sharing Trust Fund, until paid in full. According to CalNev, Resighini made all required payments through December 2017, but failed to make any payments thereafter. CalNev contends Resighini still owes it at least $1.2 million. In an effort to collect, it has sued Resighini for breach of contract and tw...

Excerpt: ...nce, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) The Court did not consider Plaintiff's declaration or the exhibits attached thereto that did not relate to counsel's meet and confer efforts. In ruling on a demurrer, the Court does not consider such extrinsic evidence or matters not subject to jud...

Excerpt: ...nd pending appeal or to restrain NEI from transferring assets is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1113(f). Factual Background This case arises out of NEI's purchase of a gas station. Plaintiff DAAC alleges that NEI breached an exclusive supply agreement for various products sold at the station. NEI filed a cross‐complaint (“X‐C”) against DAAC, Surinder Singh and Chandi Investments, Inc. (collectively �...

Excerpt: ...Plaintiffs allege claims against Westlake for violation of the Consumer Legal Remedies Act, Breach of Implied Warranty of Merchantability in violation of the Song‐Beverly Consumer Warranty Act, violation of Bus. & Prof. Code § 17200, Fraudulent Misrepresentation, and Negligent Misrepresentation, arising out of Plaintiffs' purchase of a used vehicle. The purchase contract was ultimately held by Westlake. Westlake now seeks to strike the portion...

Excerpt: ...Plaintiffs allege claims against Westlake for violation of the Consumer Legal Remedies Act, Breach of Implied Warranty of Merchantability in violation of the Song‐Beverly Consumer Warranty Act, violation of Bus. & Prof. Code § 17200, Fraudulent Misrepresentation, and Negligent Misrepresentation, arising out of Plaintiffs' purchase of a used vehicle. The purchase contract was ultimately held by Westlake. Westlake now seeks to strike the portion...

Excerpt: ...le medical condition with intact skin. Plaintiffs allege that during his 14 day stay at Pine Creek, Mr. Rios developed bed sores that became infected, compromised his recovery from a hip fracture, destroyed his quality of life, and led to his death on March 16, 2018. Plaintiffs allege that defendants, including Pine Creek, vested discretionary decision‐making authority with personnel who ignored their obligations to provide basic care to Mr. Ri...

Excerpt: ...otion to compel defendant Hewlett Packard Enterprise Co.'s (“HPE”) further responses to special interrogatories and requests for production is ruled upon as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This is a personal injury case arising from a motor vehicle collision. Plaintiffs allege that HPE and its employee, co‐defendant Wang, are liable for their injuries. According to defendants, Wang w...

Excerpt: ...their initial complaint on 9/26/2018 asserting causes of action for Inverse Condemnation, Violation of 42 USC §1983, and Violation of Administrative Practices Act of California. The parties then stipulated to the filing of a first amended complaint that included that same three causes of action. Defendants demurred to the first amended complaint, which the Court overruled, in part, and sustained with leave to amend, in part. Plaintiffs filed a s...

Excerpt: ...to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Guncha Sohi, D.D.'S. (“Sohi”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. Overview This is a dental malpractice action. Plaintiff Theodore White (“White”) alleges that codefendant David S. Park (“Park”) is a licensed dentist and employs dentists at his...

Excerpt: ...Support, and Respite Care. Marian passed away in June 2018. The action is brought by Marian, by and through her successor‐in‐interest Ann Wayland (“Ann”), and Ann Wayland, individually. Ann signed the admission agreement which included an arbitration provision. The agreement bound all parties to the agreement, their “spouses, heirs, representatives, executors, administrators, successors, assigns, managers, and agents as applicable.” (...

Excerpt: ...fs Steven T. Swanson, David R. Swanson, and Luke Dedman's (together “Plaintiffs”) grandfather Salvin Swanson purportedly executed an agreement with Ms. Williams and her brother, Richard Dorman. Prior to the transaction, Mr. Swanson, Ms. Williams, and Mr. Dorman jointly held title to a commercial property in Sacramento (“the Property”). Mr. Swanson held a 50% interest, Ms. Williams held a 25% interest, and Mr. Dorman held a 25% interest. A...

Excerpt: ...barred pursuant to Maldonado v. Epsilon Plastics, Inc. (2018) 22 Cal.App.5th 1308. This is a wage and hour class action and representative Private Attorney General's Act (“PAGA”) action. In her third cause of action, Plaintiff Janelle Murphy (“Plaintiff”) alleges that Defendants violated Labor Code §226(a)(9) by not specifying all applicable hourly rates of pay and number of hours worked on the wage statements issued to Plaintiff and cla...

Excerpt: ...ys' fees as a matter of law via contract or statute, and thus Plaintiffs' request for attorneys' fees in the TAC is improper and should be stricken. Defendant asserts that although not stated expressly in the TAC, Plaintiffs have separately stated that they will seek attorney fees pursuant to Paragraph 15 of the Sales Agreement between Dr. Wong and Defendant. Paragraph 15 is titled “Indemnity” and states in relevant part: “The Customer here...

Excerpt: ...et for hearing on 10/2/2019 at 9:00 a.m., as follows. This putative class action was commenced by plaintiff on 5/21/2019. On 6/17/2019 DTE filed a petition to compel arbitration which Code of Civil Procedure §1281.7 permits to “be filed in lieu of filing an answer to a complaint.” Notably, DTE's petition also included an explicit request to stay proceedings pending the Court's ruling on the petition to compel arbitration as permitted by Code...

Excerpt: ...t to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant California Department of Water Resources' (“DWR”) motion for summary judgment/adjudication is ruled on as follows. Moving counsel failed comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be stated in the notice of motion and repeated verbatim in the separate statemen...

Excerpt: ...irected 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 in person or by telephone. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Back...

Excerpt: ...for Entry of Default and Judgment, counsel discovered that their client had recalled the file. Counsel failed to recall the default packet from the court and the court entered judgment on March 21, 2019. Plaintiff now states that the entry of default and judgment was in error and seeks to vacate both. Plaintiff presents this request for relief pursuant to Code of Civil Procedure section 473 (b), which provides that the court may, upon any terms a...

Excerpt: ...ants Melinda Lorenz‐Anderson's ("Lorenz‐Anderson”) demurrer to Plaintiff Nancy Michaels' first amended complaint (“FAC”) is ruled upon as follows. Overview This case follows Plaintiff Nancy Michaels' promotion and subsequent demotion while employed by Co‐Defendant CalPERS. Plaintiff alleges that Lorenz‐Anderson, Plaintiff's coworker at CalPERS, obtained Plaintiff's confidential employment information and delivered it to ...

Excerpt: ...ccordingly, on or about July 15, 2019, Defendants issued subpoenas for Plaintiff's medical and employment records to determine the veracity of her claims and the nature and extent of her injuries. On July 23, 2019, Plaintiff sent Defendants' counsel a correspondence purporting to meet and confer regarding the subpoenas. Therein, Plaintiff stated that she would be "directing" all subpoenaed third parties to redact responsive docume...

Excerpt: ... served Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production of Documents (Set One) on Plaintiff's counsel, Berg Injury Lawyers. Defense counsel granted multiple extensions for Plaintiff to respond. On March 11, 2019, the Court granted Frederick J. Sette's motion to be relieved as counsel. Since that date, Plaintiff has proceeded in pro per. Defense counsel continued to seek discovery responses from Plain...

Excerpt: ...nterprise Co. (“HP”) and Yee‐Wee Chen Wang's (“Wang”) (collectively “Defendants”) motion for protective order is ruled upon as follows. This is a personal injury case involving a vehicle collision. Plaintiffs allege that Wang and, her employer, HP, are liable for their injuries. According to Defendants, moments prior the accident Wang was driving at or below the speed limit and was reasonably attentive to her surroundings when an un...

Excerpt: ...nating, issue, evidentiary and monetary sanctions against defendant Raptis and to compel the latter's further responses to special interrogatories and requests for production is GRANTED IN PART and DENIED IN PART, as follows. To the extent this motion seeks issue and/or evidentiary sanctions, moving counsel failed to comply with CRC Rule 3.1345(a)(7). Factual Background The facts of this case are well known to the court as a result of the inordin...

Excerpt: ...ecedent suffered a fall and a pressure ulcer while in defendant's care, as well as developed sepsis “as a result of an infectious process which developed as a result of deplorable, unsanitary conditions[.]” (Compl., ¶28.) In 2018 plaintiffs served an inspection demand by which they sought to inspect, measure, photograph and videotape defendant's facility, including the room which decedent occupied, the “general area where [the decedent] re...

Excerpt: ...ense by the Board in 2004. He practiced without incident for almost a decade. In 2013, he pled no contest to several felony and misdemeanor sex offenses. He was sentenced to five years of probation and was required to register as a sex offender pursuant to Penal Code section 290. As a result of his conviction, the Board revoked his license pursuant Business and Professions Code section 2232, which provides the Board, subject to certain exceptions...

Excerpt: ...dressed to the court's discretion.” (Pomona Fed. Plaza v. Inv. Concepts (1988) 203 Cal.App.3d 217, 221.) The purpose of allowing such motions is to “compel reasonable diligence in the prosecution of actions, thereby expediting the administrative of justice.” (Id.) This action was filed on June 13, 2016 ‐ just slightly more than three years ago. Although it has not been brought to trial within three years, the Court finds that Plaintif...

Excerpt: ...ant knew or should have known the apartment was infested with mold when they rented it to Plaintiffs. They further allege that they complained to Defendant about the mold, but that Defendant did nothing to remedy the problem. Finally, they allege the mold has caused a variety of health problems and forced them to move out of the apartment. Based on these allegations, they assert two causes of action, captioned (1) negligence ‐ breach of the war...

Excerpt: ...“Plaintiffs”) Second Amended Complaint (“SAC”) is SUSTAINED. Defendants' request for judicial notice of the recorded land documents is UNOPPOSED and is GRANTED. In 1974, Wilmer Scott and Brenda Scott purchased real property located at 9017 Brydon Way, Sacramento (the “Subject Property”). (SAC ¶11.) On December 1, 2004, Wilmer Scott and Brenda Scott took out a loan for $296,447.13 from Beneficial California, Inc., secured by a Deed of...

Excerpt: ...rmer assistant for Defendants' escrow agents. Plaintiff's Complaint, filed on March 29, 2019, alleges causes of action for (1) disability discrimination; (2) failure to accommodate; (3) failure to engage in an interactive process; (4) disability harassment; (5) failure to prevent discrimination, harassment, and retaliation; (6) retaliation; and (7) wrongful termination in violation of public policy. Legal Standard “In a petition to compel arbit...

Excerpt: ...insurance policy from Defendants providing “Business Overhead Expense” coverage in the event he became disabled (the “Policy”). (Compl. ¶1.) He alleges that he has been insured for years and consistently made quarterly premium payments on the Policy to the same address. (Id. ¶10.) Plaintiff alleges that in April 2015, Defendants changed their payment address. (Id.) After receiving notice of the address change, Plaintiff alleges that he ...

Excerpt: ... with California law; (2) failed to authorize and permit all legally required rest periods in accordance with California law; (3) failed to pay all wages earned for all hours worked; (4) failure to provide accurate written wage statements; (5) failed to timely pay all final wages; (6) failed to reimburse necessary business expenses; (7) engaged in unlawful business practices; (8) owes civil penalties under the Private Attorneys General Act of 200...

Excerpt: ...d Defendant with a Demand for Inspection of Documents (Set One), which included 17 document requests, on May 15, 2019. (Park Decl. Ex. 1.) On June 19, 2019, Plaintiff received Defendant's responses, in which she objected to each discovery request on the same grounds. (Park Decl. Ex. 2.) On June 24, Plaintiff's counsel served Defendant with a meet and confer letter, describing the purportedly deficient response. (Park Decl. Ex. 3.) Defendant did n...

Excerpt: ...sing 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 person or by telephone. The moving papers fail to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of a commercial transaction for which THI agreed to sell, ...

Excerpt: ...llectively “Defendants”) demurrer to Plaintiff Matthew Davies' (“Plaintiff”) complaint is ruled upon as follows. Defendants' 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 Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐1...

Excerpt: ... even if s/he disagrees with the challenge to the pleading. Fong'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 Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Overview Plaintiff alleges that beginning in 2015 he worked w...

Excerpt: ...nt (“1AC”) plaintiff alleged he was rear‐ended by a truck, causing his vehicle then to strike the one in front. After the accident plaintiff contacted his insurer to make a claim under the uninsured motorist provision for his policy. The insurer subsequently took a recorded statement from its insured and is alleged to have “made an internal decision that Plaintiff was liable for causing the accident.” Plaintiff retained counsel and file...

Excerpt: ...ow. The alternative motion for summary adjudication is DENIED in part and GRANTED in part as set forth below. Plaintiff's action asserts employment retaliation and gender harassment. Her claims relate to her participation, experiences in, and ultimate dismissal from University's Department of Anesthesiology and Pain Medicine Residency Program, which is a three‐year graduate program accredited by the Accreditation Council for Graduate Medical Ed...

Excerpt: ... Plaintiff resolved the dispute in favor of Defendant. (Cook Decl. ¶5.) As a result, Plaintiff does not intend to pursue collection of the debt against the Defendant and requests the Court vacate the default and default judgment and dismiss this action without prejudice. (Id.) The Court's inherent equity power” allows the Court to “grant relief from a default judgment where there has been ‘extrinsic' fraud or mistake.” (Weitz v. Yank...

Excerpt: ... 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 person or by telephone. Moving counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3). This is a personal injury action. Plaintiff failed to respond at all to defendant's discovery...

Excerpt: ...I and worked out of KSI's office in Sacramento County. Plaintiff alleges that KSI and co‐defendant Intel Corporation (“Intel”) jointly employed Plaintiff. Plaintiff was assigned to perform duties as an Inventory Specialist for Intel. Plaintiff does not dispute that a valid and binding arbitration agreement exists. She instead opposes on the grounds that: (1) Intel was a joint employer and has not moved to compel arbitration, (2) Intel and P...

Excerpt: ...s directed to contact defendant Tammy Pham and advise 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. 54. If moving counsel is unable to contact Tammy Pham prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. As noted in this Court's 8/8/2019 ruling on defendant Hieu's Motion to Set Aside Default and Default J...

Excerpt: ...ther litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co. (1986) 186 Cal. App. 3d 941, 944.) Here, Plaintiff moves to vacate and set aside the judgment of dismissal entered on 1/4/2019. Plaintiff filed his initial complaint on 12/8/2016. Defendant, the City of Sacramento ("City") filed a demurrer and motion to strike on the ground that Plaintiff failed to comply with the Tort Claims Act, failed to state sufficient facts, and...

Excerpt: ...m a motor vehicle accident in which Plaintiff, while driving his vehicle, was rear‐ended by a concrete mix truck driven by Mr. Turner during the course and scope of his employment for Folsom Ready Mix, Inc. The force caused Plaintiff to also collide with the vehicle in front of him. On April 5, 2019, the Court granted Plaintiff's request for leave to amend to add a claim for punitive damages. At that time, the April 8, 2019 trial date was conti...

Excerpt: ...quest for Production of Documents, Set One, Nos. 2, 3, 10, 22, 23 and 35. Plaintiff argues that Advanced Pain failed to serve complete responses to these requests, without substantial justification, and the information requested is relevant and not privileged. (Notice of Motion at 2.) Plaintiff acknowledges that some privacy interests may be implicated by the requests, but asserts that during the meet and confer process she agreed to narrow the s...

Excerpt: .... Gonzalez ("Dr. Gonzalez") in 2012 in Placer County Superior Court (the "Medical Malpractice Action"). Defendants Baleria and Garberson represented Dr. Gonzalez and co‐defendant Advanced Medical Spa, Inc. in the Medical Malpractice Action. The Medical Malpractice Action was ultimately settled at mediation in 2017 and in connection with this settlement, the parties executed a confidentiality agreement and plaintiff executed a Re...

Excerpt: ...and improper. Background This is a landlord‐tenant case. Plaintiff is the former tenant and is representing himself in this action. He alleges that Defendant failed to return his $499.00 security deposit within the 21 days after her vacated the premises, and failed to provide an itemized statement of any deductions from the deposit, in breach of contract. Plaintiff in pro per filed his judicial council form complaint on May 3, 2018. He then fil...

Excerpt: ...dant objects to the Opposition on grounds of untimeliness. Although the Opposition papers were filed on July 29, 2019, several days past the filing deadline, Defendant was apparently able to prepare a response thereto. Plaintiff's counsel declares that the moving papers were served on July 1, just before the July 4 holiday, with no courtesy email copy sent by defense counsel, such that Plaintiff's first notice of the instant motion came on July 8...

Excerpt: ...“otto” project) over a four year period, but failed to do so. As a result, VSP contends that it was forced to exercise its “step‐in rights” under the TTDA and use a third party vendor, Managing Innovation and Technology, Inc. (“MINT”), to complete the project. VSP filed this lawsuit in October 2013, and PFO filed a cross‐ complaint thereafter, alleging that PFO's Vice President of Research & Development/Technology Hoa Nguyen lured...

Excerpt: ...10, ¶ 3 of the Prayer for punitive damages. Plaintiffs oppose, arguing that they have sufficiently alleged the requisite “despicable” conduct ‐‐ a homeowner's association lying to them in order to force them to bear the cost of repairs ‐‐ to support an award of punitive damages under Civil Code § 3294. (Opp'n at 1‐4.) Plaintiff's Request for Judicial Notice, which attaches a copy of the pleading in this case, is unopposed and ...

Excerpt: ...ion. This lawsuit was filed on 3/6/2019 by the law firm called “Lawyers for Justice” on behalf of two employees of Wellspace, plaintiffs January and Pinch. The complaint in this action purports to be a representative action against Wellspace under the Private Attorney General Act (“PAGA”), seeking civil penalties based on the alleged violation of various wage‐and‐hour provisions. Cameron Class Action. Less than two months before, the ...

Excerpt: ...rated party within 48 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 incarcerated party need not request oral argument. The Litigation Coordinator shall make plaintiff available to participate in oral argument via Court Call at 9:00 a.m. on the date of the continued hearing date, which will be August 1...

Excerpt: ...aring 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 Pamela Ann Samantha Jones and Cornerstone Estate Law Corp.'s (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. I. Overview This is an action for legal malpractice and financial elder abus...

Excerpt: ...th Plaintiffs that Livingston was required to meet and confer prior to filing the motion pursuant to CCP §435.5. A Special Motion to Strike is authorized by CCP §425.16. CCP §425.16 does not require the moving party to meet and confer prior to filing an Anti‐SLAPP motion. The Court also did not consider Plaintiffs' argument applying the standard for a regular motion to strike pursuant to CCP §436. Again, this is a Special Motion to Strike p...

Excerpt: ...y 2018, she went to Kaiser for routine blood work. She alleges that Kaiser's employee injured her while he was drawing blood and injuring her ulnar nerve at the forearm level, left arm, and sequela. It is undisputed that Le was a federal employee. Kaiser has a contract with the United States Office of Personnel Management (“OPM”). (Declaration of Gibson Simms, III (“Simms Decl.”), ¶ 1, Ex. B.) An OPM Agreement is a standard contract that...