Excerpt: ... common law emotional distress claim. Defendant Sutter Health's recently demurred to the 2AC on various grounds including that plaintiff failed to exhaust her administrative remedies against Sutter Health inasmuch as the latter was not named in plaintiff's administrative complaint. The demurrer was sustained but with leave to amend on 8/19/2019. By the present motion which was filed on 7/10/2019, defendant Sutter Health seeks pursuant to Code of ...

Excerpt: ...s fail to specify in their complaint whether their causes of action are based on Federal law, State law, and/or common law. Plaintiffs allege that since at least 2000, they have owned and operated a business that organizes, coaches, trains, and supports youth female softball players individually, as teams, and in semi‐annual leagues with an emphasis on preparing the players to play on the collegiate level and showcasing their talents and abilit...

Excerpt: ...to an arbitration agreement which includes the following provision: Fitness Evolution and I agree to submit all disputes exclusively to Final and binding arbitration according to the Federal Arbitration Act and the procedures of the California Arbitration Act. The claims which are to be arbitrated according to this agreement include, but are not limited to the following types of claims: wages and other compensation; breach of express or implied c...

Excerpt: ...disgorgement of money paid to Defendant Osvaldo Martin “pursuant to California Business and Professions Code 7031(b) because Defendant engaged in the business of a contractor without a valid contractor's license and Plaintiff is therefore entitled to recover all compensation paid to Defendant for those acts that required a contractor's license. The amount of compensation not in dispute between the parties totals $65,722.” (Motion, 2:1...

Excerpt: ...e control of a restaurant owned by OSI on Natomas Crossing Drive. Application for Injunction. In December 2018 Ming first sought to enjoin Kenny from (1) representing himself as being an officer, director, employee or agent of OSI; (2) acting or purporting to act on behalf of OSI; (3) entering the restaurant or barring Ming from doing so; (4) controlling or transferring an assets of OSI; and (5) withholding or concealing any financial or operatio...

Excerpt: ...y causes of action including discrimination, retaliation and failure to engage in the interactive process, as well as common law claims for wrongful termination and declaratory relief. Defendants assert that plaintiff has refused to abide by the mandatory provisions of an arbitration policy which governed her employment and which she acknowledged on several occasions. According to defendants, the policy specifies that it is the arbitrator who is ...

Excerpt: ...non‐existence of a triable issue of material fact. *** Plaintiff Anel Perez's motion for summary adjudication is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that the issues presented for summary adjudication be stated in the notice of motion and then repeated verbatim in the separate statement. Both moving and opposing counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evid...

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 action for breach of the warranty of habitability, nuisance and negligence was brought by several tenants of an apartment complex. The two...

Excerpt: ...nd motion matters. *** Defendant Norcal Masonry Builders, Inc.'s (“Norcal”) demurrer to all six causes of action alleged in plaintiff Bay Cities Paving & Grading, Inc.'s Third Amended Complaint (“3AC”) is ruled upon as follows. Overview In this action plaintiff alleges that it formed a joint venture with C.C. Myers, Inc. (“CCMI”), naming the joint venture “Bay Cities/Myers JV,” to bid on a CalTrans project. Bay Cities/Myers JV won...

Excerpt: ...identifies her employer as "Sutter Medical Center Sacramento Blood and Marrow Transplant Program." (RJN, Ex. A.) California Government Code section 12960 provides, in relevant part: “Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint in writing which shall state the name and address of the person, employer, labor organization or employment agency alleged to have committe...

Excerpt: ...n matters. *** Defendant NewRez LLC fka New Penn Financial, LLC dba Shellpoint Mortgage Servicing's ("SMS") demurrer to the Second Amended Complaint ("SAC") is ruled upon as follows. Overview This is a nonjudicial foreclosure case. According to the SAC, Plaintiffs borrowed from 360 Mortgage Group, LLC ("360MG") over $490,000 in 2015 and this debt is secured by a Deed of Trust ("DOT") recorded on 9/28/2015. In e...

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 Ocwen Loan Servicing, LLC ("Ocwen"), Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2004‐3, Asset‐Backed Certificates, Series 2004‐3 ("Deutsche as Trustee"), and PHH Mortgage Corporation's ("PHH MC") (collectively “Defendants”) demurrer to pro per Plaintiff Renee Martin's first amended complaint (“FAC”) is ruled upon as follows. Defendants' request for judicial notice is ...

Excerpt: ... Decl. p. 1.) His spouse called 911 and he was transported in an ambulance to the hospital, but on the way, the EMTs stopped the ambulance to assess a traffic accident and any possible injuries, leaving Petitioner to wait in the ambulance. (Ex. B.) On September 20, after following up with his cardiologist, he was informed that EMTs are not qualified to assess the stability of cardiac patients and that any delay in getting Petitioner to the hospit...

Excerpt: ...on August 18, 2017, and her deposition has been ordered for September 10, 2019. Defendant served Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on March 6, 2019. Plaintiff did not timely respond and would not agree to timely appear for deposition. Defendant moved to compel responses and Plaintiff's deposition. Plaintiff then provided written responses, with the exception of Special Interrogatory No. 23, wh...

Excerpt: ...Hoganson alleges she served as an ABC trial attorney between 2008 and 2017. Garside became ABC's acting deputy director in May 2016. Due to certain events, ABC management charged Hoganson with insubordination and placed her on administrative time off (“ATO”). While on ATO, Hoganson applied for a position with the Secretary of State (“SOS”) and received a job offer. The offer, however, was withdrawn after Garside advised SOS that Hogan...

Excerpt: ...ly situated individuals employed by Defendants Kings Arena Limited Partnership and Sacramento Downtown Arena, LLC. Plaintiff brought this action against Sacramento Downtown Arena LLC, Sacramento Basketball Holdings GP, LLC, Sacramento Basketball Holdings, LLC, Sacramento Kinds Ltd., Kings ARCO Arena Lrd., Arena Limited Partnership, and Royal Kings Arena Limited Partnership (together, "Defendants"). Plaintiff alleges that Defendants failed...

Excerpt: ...ntiff employment as a Power Systems Operator (“PSO”) instructor. (UMF 1‐7.) He was offered the position based on his extensive utility experience and proclaimed ability to train on power operational systems. (UMF 5.) Plaintiff accepted SMUD's offer, agreeing to a twelve month probationary term, and began his employment on November 3, 2014. (UMF 8.) Shortly thereafter, Plaintiff's supervisor, Bill Simmons, assigned Plaintiff to independently...

Excerpt: ...int against Defendants on October 9, 2018, alleging three causes of action for (1) Elder Abuse, (2) Violations of the Patients' Bill of Rights, and (3) Negligence. The Court sustained Defendants' demurrer to the Complaint with leave to amend. Plaintiff then filed her FAC, and agreed to dismiss the elder abuse cause of action against Mr. Ciric. Defendants again demurred, and the Court again sustained the demurrer with leave to amend. Plaintiff fil...

Excerpt: ...), a vexatious litigant pursuant to Code of Civil Procedure §391(b), to require him to post security before further prosecution of this action and to issue a prefiling order pursuant to Code of Civil Procedure §391.7(e) is GRANTED as follows. Defendants' request for judicial notice of various court documents purporting to show that plaintiff Clark has in the preceding seven (7) years maintained at least six (6) unsuccessful civil actions while ...

Excerpt: ...conduct. Plaintiff's opposition fails to comply with CRC Rule 2.111(1) [requiring attorney's bar number] and Rule 3.1110(b)(3)‐(4). Plaintiff's opposition first asserts that this motion is “moot” because plaintiff has already complied with the TRO by returning to defendants access to the subject websites and domains. The opposition further contends that defendants are not likely to succeed on the merits of their claims against plaintiff and...

Excerpt: .... 9067568‐13 for the period [sic] of 8/7/13 to 1/22/14” and “forbearance of suit to enforce the payment of such debt.” (Complaint, Ex. A.) Defendant was to pay “$500 each 15th starting August 15, 2015 and then 600.00 each 15th starting 8/15/16.” Plaintiff alleges that Defendant defaulted on the note and the amount unpaid is $24,706.95 principal, $3000 interest at the rate of 10% per annum from 8/14/2014 to date. Plaintiff filed this a...

Excerpt: ...ic policy supports the enforcement of such agreements.” (Notice of Motion at 1.) Plaintiffs oppose the motion on grounds that: (1) the California Arbitration Act, not the Federal Arbitration Act, governs this dispute (2) the agreements were signed under duress, so they are unenforceable; (3) the possibility of conflicting rulings weighs against ordering arbitration here (Code Civ. Proc. § 1281.2); (4) the agreements are procedurally and substa...

Excerpt: ...g from a motor vehicle accident. Pro per Plaintiff Kathleen Davis alleges that Contreras was operating his vehicle at an unsafe speed, failed to operate his vehicle consistent with the traffic conditions, and caused his vehicle to collide with the rear of the Plaintiff's vehicle at a speed of approximately 40 to 50 miles per hour. She alleges that the posted speed limit was 40 MPH as indicated by a clearly visible sign. At the time of the acciden...

Excerpt: ...1.) Parlare was a public nightclub located at 1009 10th Street in Sacramento. (UMF #2.) Parlare was operated by Defendant Dale Entertainment, LLC, whose principal is Dale Robertson. (UMF #3.) Defendant Ismail Abukhdair owns the building where Parlare was located, and leased the space to Dale Entertainment, LLC. (UMF #4.) Parlare opened for business in 2008. (UMF #5.) On February 14, 2015, Plaintiff was injured when he was attacked by a group of t...

Excerpt: ...cation school in Williams, California. The Cross‐Complaint at issue in this motion incorporates the allegations of the operative First Amended Complaint (“FAC”) by reference. On June 13, 2008, A4E entered into a contract with Plaintiff Colusa County Offices of Education (“CCOE”) for design services related to the Project. (FAC ¶6.) On February 9, 2019, CCOE entered into a contract with Swank for construction services on the Project. (I...

Excerpt: ...ainant Stone Lake Farm Enterprises, Inc. (“Defendant”) on December 1, 2017, alleging that on or about June 2017, Plaintiff entered into an oral contract with Defendant in which Plaintiff agreed to provide farm labor contract services to Defendant and Defendant agreed to pay for those services. Plaintiff alleges that it fully performed under the terms of the Contract, invoiced Defendant for amount owed, and to date, Defendant has failed to mak...

Excerpt: ...rocedure 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 Court notes that neither plaintiff nor defendants have complied with CRC Rule 3.300(b) [duty to provide notice of “related case[s]”]. The parties shall now do so no later than 8/30/2019. Factual Background Present Action. This lawsuit was filed...

Excerpt: ... evidentiary objections are OVERRULED. Background Cross‐Defendant State Compensation Insurance Fund (“SCIF”) entered into two policy agreements with ACS, in which SCIF agreed to provide workers compensation insurance to ACS in exchange for payments by ASC. CAB is a collections agency, which was assigned the debt owed by ACS to SCIF for the premiums due on the two policies of workers compensation insurance issued to ACS. CAB filed a complain...

Excerpt: ... on January 27, 2017. Defendants assert that in 2019 they served discovery requests on Plaintiffs and later met and conferred with Plaintiffs' counsel telephonically on June 7, 2019 after Plaintiffs failed to serve responses. (Trevor Decl. ¶¶5‐9.) During the meet and confer, Defendants stated that they intended to file a cross‐ complaint, while Plaintiffs' counsel represented that Plaintiffs may dismiss the case with prejudice. (Id.) On Jun...

Excerpt: ...members. The general contractor on the project was defendant Clayco, Inc. Cal‐OSHA has issued several notices of violations as a result of this incident and has now commenced a criminal investigation. Plaintiffs recently served notices for the depositions of Clayco's Persons Most Qualified (“PMQ”) on three issues: (1) Clayco's “Illness Injury Prevention Plan [sic]” (“II PP”), (2) Safety Program and (3) “Rules to Live By” Program...

Excerpt: ...e defendants consisting of banking entities and employees thereof aided and abetted this scheme and caused damage to plaintiffs. On 4/19/2019 defendant Zions Bancorporation, N.A., successor in interest to defendant ZB, N.A. dba California Bank & Trust (“CB&T”), filed a motion to compel the return of privileged electronically stored information (“ESI”) which was inadvertently produced with its third rolling production in response to plaint...

Excerpt: ...06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. PennyMac's request for judicial notice of a recorded deed of trust (which is already attached as Exhibit A to the 3AC) is granted. Overview According to the 3AC, plaintiff acquired multiple residential properties purchased with loans now serviced by PennyMac and others who report his mortgage payment information to the credi...

Excerpt: ...ff Michael Coleman alleges that he worked for Defendants as “Rescuers” or in the equivalent job position. Plaintiff alleges that although Defendants classified Plaintiff and others in the same job position as independent contractors, they are actually employees. Plaintiff asserts a single cause of action for PAGA premised on various Labor Code violations. After Defendants filed the instant motion to compel (and the same day that Plaintiff fil...

Excerpt: ...and the gate fell onto Plaintiff. No trial has been scheduled. On 5/11/2018, Plaintiff propounded form interrogatories on Defendants 4307 CRE, LLC (“4307 CRE”) and 4207 Consulting, Inc. (“4207 Consulting”). (Declaration of Blair Widders (“Widders Decl.”), Exs. 1 and 2.) Form Interrogatory No. 12.4 sought the identification of any one acting on the responding party's behalf that knew of videotapes depicting the incident or injuries. (I...

Excerpt: ...17, Plaintiff Dylan Wasko (Wasko) served Smart & Final as a non‐exempt, hourly store employee. Wasko is pursuing individual claims against Smart & Final for failure to pay minimum wages, failure to pay premium and overtime wages, failure to provide meal and rest breaks, failure to provide accurate wage statements, and failure to pay wages timely upon discharge. He is seeking civil penalties for himself and other aggrieved Smart & Final employee...

Excerpt: ...h 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 This case follows entry of a money judgment in Solano County Superior Court, Dutra Construction Co. v. Arthur Scott Dockter, case no. L‐000081 (“Solano Action”) against plaintiff herein Arthur Scott Dockter (“Dockter”) in 1998. In his first amended compl...

Excerpt: .../31/2017. The plaintiffs in the present action, which was filed on 5/18/2018, are the decedent's widow, Stella Altraide, and the couple's surviving children. Plaintiffs allege that the decedent suffered from prostate cancer and was given a "vague plan of care." He was allegedly injected with Lupron, a hormonal therapy, as well as radioactive gold seeds and was prescribed the drug Effexor. Plaintiffs allege that Defendants failed t...

Excerpt: ...(collectively "Oakmont") motion to compel arbitration is ruled upon as follows. I. Overview This is an Elder Abuse action. The plaintiff is Linda Stafford ("Plaintiff" or "Linda"), by and through her GAL, Gerald Stafford (“Gerald”), her husband. Linda suffers from Corticobasilar Degeneration ("CBD") and related memory impairment and dementia. She is also wheelchair bound and completely dependent on others for h...

Excerpt: ...in this department for additional briefing. Petitioner California Restaurant Mutual Benefit Corp. (“CRMBC”) petitions to compel Respondent Buckowens Hotel L.P. ("Buckowens"), a cancelled limited partnership, to arbitration. CRMBC bases its petition on the Members' Agreement and Power of Attorney (“Members' Agreement”), that was signed by Rajinder S. Walia (“Walia”) on 2/18/2008 for Buckowens. Buckowens opposes the petition on ...

Excerpt: ...ears (CCP §§531.310 and 583.360) is DENIED. Overview This is an employment action. On 6/21/2013, Plaintiff Sharon Laidley filed a Verified Petition for Writ of Mandate against CDCR for FEHA Retaliation and Failure to Adequately Compensate; Declaratory Relief (“Writ Action”). The Writ Action was filed in Alameda County Superior Court. The Writ Action was later transferred to this Court on 2/25/2014. In the Writ Action, Plaintiff alleged that...

Excerpt: ... wage and hour action arising out of Plaintiff Remilito Trinidad's (“Plaintiff”) employment with Defendant. Plaintiff's original Complaint asserted a single cause of action for Violation of Labor Code § 226, and Plaintiff filed the Complaint “individually and on behalf of a class of all other similarly situated current and former employees of Defendants for penalties and/or damages for failure to provide accurate itemized wage statements.�...

Excerpt: ...e prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Crossroads Diversified Services (“Crossroads”) motion for summary judgment or summary adjudication is ruled upon as follows: Crossroads request for judicial notice is GRANTED. The Court declines to rule on Crossroads' objections to evidence submitted by Plaintiff Adrian Woodson (“Woodson”). ...

Excerpt: ...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 Stanley Arellano, D.D.S., Inc. dba Laguna Family Dental's (“Defendant”) Motion for Summary Judgment is DENIED. Location of Hearing The Court notes that moving party has not indicated any address for the hearing in its notice of motion. The correct...

Excerpt: ...at pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to plaintiff in pro per's Third Amended Complaint (“TAC”) is SUSTAINED without leave to amend as to the Fifth Cause of Action for Harassment in Violation of the FEHA. This is the second demurrer upon which the Court rules in this case. The previous demurrer...

Excerpt: ... 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 Martha Williams' (“Defendant”) Motion for Summary Judgment, or in the Alternative, Summary Adjudication, is GRANTED as to the Second Cause of Action (dog bite statute) and DENIED as to the First Cause of Action for Common Law Strict Liability and Third Cause of A...

Excerpt: ...ocal Rules, effective 1/1/2019. Moving counsel failed to comply with CRC Rule 3.1110(b)(3). Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises from plaintiffs' attempt to purchase a business from defendants. Analysis Breach of Contract. The demurrer to the breach of contract cause of action is sustained. This cause of action alleges in pertinent part: The discussion and Letter of Agreement be...

Excerpt: ...sed 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. *** Defendant Health Net Federal Services, LLC's (“HNFS”) motion for summary adjudication on each of plaintiff's six causes of action and claim for punitive damages alleged in plaintiff's First Amended Complaint (“1AC”) is GRANTED IN PART and DENIED IN PA...

Excerpt: ...iled this action on March 11, 2019, individually and on behalf of all aggrieved employees. The Complaint alleges one cause of action under the Private Attorney General Act of 2004 ("PAGA") found at Labor Code §2698 et seq., based on Defendant's alleged failure to provide an adequate number of suitable seats in violation of Labor Code section 1198. Defendant argues that this action should be abated, as it is entirely duplicative of an...

Excerpt: ... and motion matters. *** Defendants Department of Fish and Wildlife (“Department”) and Charlton Bonham's demurrer to Plaintiffs South Yuba Water District (“District”), et al.'s Second Amended Complaint (“2AC”) is ruled upon as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action relates to the South Canal Diversion, a water diversion facility on the Yuba River in Yuba County, whic...

Excerpt: ...4;City") Zoo fell on her. Plaintiff was working as a job coach for InAlliance, a company that provides training to adults with disabilities to help them integrate into the community. On 6/2/2016, City filed a cross‐complaint against InAlliance and Summer Owens for indemnity, apportionment of fault, and declaratory relief. The proof of service shows that the summons and cross‐complaint was personally served on Sandra Bishop on 6/2/2016 at ...

Excerpt: ...ng customer at Defendants' Hotel. While in the hot tub, she began experiencing itching and burning sensations all over her body which quickly turned into major burns and welts. The first amended complaint asserts causes of action for negligence and premises liability. Defendants move for summary judgment/adjudication on the ground that each cause of action fails due to absence of evidence. Defendants' undisputed material facts show that after Pla...

Excerpt: ... 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 Polly McGilvray's (“McGilvray”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an action for professional negligence and breach of fiduciary duties. Plaintiff Diane Brennan (“Plaintiff”)...

Excerpt: ...a Memorandum of Costs, seeking $5,226.52 in costs. Defendants now move to tax various costs on the grounds that they were not reasonably necessary and/or not reasonable in amount. Defendants oppose. The Court rules as follows. A prevailing buyer in a Song‐Beverly action is entitled to "the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incu...

Excerpt: ...the trial of this matter as the issue presented here can be resolved as a matter of law as there are no triable issues of fact standing in the way of such a determination. This Motion addresses the Applied Underwriters Captive Risk Assurance Company's (herein “AUCRA”) efforts to enforce the Reinsurance Participation Agreement (herein “RPA”) addressed in the First Cause of Action in Plaintiff's Complaint alleging unlawful business practice...

Excerpt: ...uiring that issue(s) presented for summary adjudication be stated in the notice of motion and then repeated verbatim in the separate statement. Both moving and opposing counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including all declarations) with a table of contents when evidence exceeds 25 pages. Factual Background This is a nonjudicial foreclosure action. According to the complaint, OLS intentionally ...

Excerpt: ...action for civil penalties under the Private Attorney General Act (“PAGA”). Defendants oppose, arguing that the new cause of action which would put “millions of dollars in civil penalties at issue” is time‐barred particularly since the relation‐back doctrine would not apply and that the addition of the untimely cause of action would cause prejudice, forcing defendants to expend significant resources to challenge the meritless cause of...

Excerpt: ...‐Complainant Isabella Garcia (fka/aka as Jessica Lynn Langshaw, herein referred to as “Garcia”) alleges a series of events and a long course of action taken against her by Cross‐Defendants Carlos Gonzales (fka/aka Raul Samuray Umana), Carmen Torres (fka/aka Corenna Martin) and Rosie Valenz (fka/aka Beatris Flores). Under circumstances that are not explained in the FACC, Garcia somehow came to know and live with all the Cross‐Defendants....

Excerpt: ...ntiff Tiffany Geist's pleading. Plaintiff Geist has alleged that moving Defendant is liable, among other defendants, for personal injuries she sustained during two motor vehicle accidents. (Register of Actions (“ROA”) 1. Plaintiff Geist's original pleading does not name “Hector A. Sandoval Madera” as a party to this action, and moving Defendant Pugh seeks to add him as a cross‐defendant who may have some responsibility for the motor veh...

Excerpt: ...�the default and default judgment were entered as a result of surprise and Defendant's reasonable mistaken belief that the case had been dismissed and should be set aside on equitable grounds and that Notice of Entry Default, preceding Entry of Default Judgment, was not received by Defendant.” (P&As at 3.) The Court notes that, appropriately, Defendant does not seek relief pursuant to Code of Civil Procedure section 473(b). Such relief is n...

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. Opposing counsel failed to comply with CRC Rule 3.1113(f). Factual Background This is a personal injury action arising from the June 2018 explosion of a lithium‐ion 18650 battery which plaintiff purchased for use with his e‐cig...

Excerpt: ...iff's food in order to render him unconscious, and then in May 2017, she sexually assaulted him while he was unconscious. Plaintiff further alleges that Kathie's parents, Robert and Ruby Eidson, were aware of Kathie's tendencies towards violent sexual assault yet facilitated his injuries by permitting him to stay on their property under Kathie's care. Plaintiff does not have any memory of the purported assault or assaults, but claims he has an au...

Excerpt: ...larly situated individuals employed by Defendant Spencer Building Maintenance, Inc. ("Defendant"). Plaintiff worked for Defendant in California as a nonexempt employee. Plaintiff alleges that Defendant's policies and practices resulted in Defendant's failure to provide Plaintiff and the aggrieved employees with all wages owed upon separation, lawful meal and rest periods, itemized wage statements, and reimbursement of business expenses, a...

Excerpt: ...cted the property at issue in September 2014 to look for hazards and other conditions that posed risks to the building or were dangers to others. Plaintiffs allege that at the time of the inspection, Allstate's inspector saw scaffolding, but Allstate never indicated that the scaffolding was a hazard or risk of injury. Plaintiffs allege that in October 2014, Allstate knew that in cases involving scaffolding, the claims can produce very serious inj...

Excerpt: ...murrer hearing” because there is no proof of service. This action arises from Plaintiff's purchase of a Tuff Shed from Home Depot. Plaintiff asserts a breach of contract and negligence cause of action against Home Depot, and a breach of contract and negligence cause of action against TSI. The allegations in the FAC are fairly confusing and rambling. Defendants demur on the ground that the FAC is uncertain, ambiguous and/or unintelligible. Defen...

Excerpt: ...ters. *** Plaintiffs' motion to compel further deposition of Defendant FCA US LLC's (“FCA”) more persons most qualified (“PMQ”) and further responses to Plaintiffs' fourth amended notice of deposition is ruled upon as follows. Overview This is a lemon law action. On 2/6/2019, the Court granted, in part, and denied, in part, Plaintiffs' motion to compel production of one or more PMQs for deposition. The Court overruled FCA's objections...

Excerpt: ...2016. Non‐ Settling Defendant Group XIII Properties, LP (“Group XII”) has owned the property since January 2016. Group XII opposes the motion on the ground that Merchant Trustee fails to satisfy its burden to show that the proportionate liability is greater than the settlement amount. The Court agrees with Group XII. As explained in City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, although the party seeking a determinatio...

Excerpt: ... of the Summons and Complaint on June 17, 2019, which states that Defendant Tu Che was personally served on April 12, 2019. (ROA 21.) Defendant first moves pursuant to CCP § 473(b) to set aside the default based on inadvertence, mistake, surprise, or excusable neglect. In support of his motion, Defendant provides a declaration in which he asserts that the Proof of Service in his case appears faulty, as it states that he was personally served, ye...

Excerpt: ...similarly situated individuals employed by Defendant Air Products And Chemicals, Inc. ("Defendant"). Plaintiff worked for Defendant in California from July 2016 until about April 4, 2018. Plaintiff alleges that Defendant failed to pay wages in a timely manner and thus that Defendant is liable for civil penalties pursuant to the PAGA. Defendant denies all liability. After conducting six months of informal discovery and engaging in mediatio...

Excerpt: ... required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a personal injury action arising from a motor vehicle accident. Trial is currently set to commence on 7/15/2019...

Excerpt: ...ed at 4720 Roosevelt Avenue #2, Sacramento, CA 95820 (the “Premises”). Plaintiff alleges in the Complaint as follows: On or about January 1, 2015, Plaintiff and Catalyst Property Management entered into a written agreement to rent the Premises. (Compl. ¶ 7.) The “relevant terms of th[e] agreement were that Plaintiff[] . . . w[as a] tenant[] and w[as] to pay the Defendants $725.00 a month in rent.” (Ibid.) Defendants “were the owners an...

Excerpt: ...ot have facts sufficient to constitute a valid defense to the allegations in plaintiff's complaint which is otherwise sufficient to state a valid cause of action against defendant. Thus, plaintiff insists it is therefore entitled to judgment on the pleadings in the amount of $76,483.33 plus interest, costs of $834 and attorney fees of $7,882.50. Plaintiff is not entitled to judgment on the pleadings based on the allegations of the complaint and t...

Excerpt: ...admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Wrightwood Capital, LLC and WCP Southgate Plaza, LLC's motion for summary judgment as to plaintiff's complaint for personal injuries is GRANTED. The moving papers are sufficient to meet defendants' initial burden of production under Code of Civil Procedure §437c(p)(2) and plaintiff failed to produce evidence sufficien...

Excerpt: ...dmissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant/cross‐complainant Martinez's motion for summary adjudication as to both plaintiff's complaint and Martinez's own cross‐complaint is ruled on as follows. Moving counsel again failed to comply with CRC Rule 3.1350(b) and (h), requiring that all issues presented for summary adjudication be stated in the notice of motion...

Excerpt: ...el Robertson, for sexual harassment, failure to prevent sexual harassment, retaliation, and discrimination in violation of the FEHA. Plaintiff alleges sexual harassment by Robertson over a period of 10 years. Plaintiff served Costco with requests for production of documents which included a request for all documents relating to disciplinary action taken against defendant Robertson due to complaints by Costco employees of sexual harassment by Robe...

Excerpt: ... specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant and Cross‐Complainants Sahar Rawan Nazarzai (“Sahar”), Wadan Nazarzai, Balka Nazarzai, and Roshana Nazarzai's (collectively “Defendants”) “Joint motion for summary judgment, or in the alternative, summary adjudication” is ruled upon as follows. As an initial matter, the Court observes that although the movi...

Excerpt: ...on March 15, 2019. (ROA # 141.) The proof of service attached to the Notice of Entry of Judgment states the notice was served on Plaintiff via mail on March 15, 2019. (Id.) DGS filed a Memorandum of Costs ("MOC") on April 2, 2019, in which it claimed $9,956.59 in costs as the prevailing party. (ROA # 143.) On April 22, 2019, Plaintiff filed a motion to tax $5,380.61 of the claimed costs, arguing they are not recoverable under Code of Civi...

Excerpt: ...n essentially state that in September 2017, plaintiff issued check #9171 payable solely to defendant Preet in the amount of $3950 but when Preet stated that check #9171 did not arrive, plaintiff issued a replacement check (#9202) payable to Preet who subsequently cashed the replacement check (#9202), receiving $3950. The first cause of action then asserts that on 5/14/2018 Preet cashed the original check which was reportedly not received (#9171) ...

Excerpt: ...If oral argument is requested in an attempt to obtain leave to amend, defendant/cross‐complainant shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Cross‐defendant Signature Stock Transfer's (“SST”) demurrer to defendant/crosscomplainant in pro per Maciora's First Amended Cross‐complaint (“1AXC”) is ruled upon as follows. Moving c...

Excerpt: ...fendants Venus Concepts USA, Inc. (“Venus Concepts”) and Jacqueline Clemmer's (“Clemmer”) (collectively “Defendants”) demurrer to Plaintiffs Curtis Wong, M.D., individually (“Dr. Wong”) and dba Curtis SF Wong, M.D., Inc.'s (collectively “Plaintiffs”) second amended complaint (“SAC”) is ruled upon as follows. Overview Dr. Wong is a board‐certified plastic surgeon. Plaintiffs allege that on September 29, 2016, they purchas...

Excerpt: ...ring 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. *** Plaintiff Gregory Edwards LLC's (“Plaintiff”) motion for summary judgment is ruled upon as follows. Plaintiff'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....

Excerpt: ...rtez alleges that on 1/15/16, while shopping at a Target store for which Global provides overnight cleaning services, he fell on a slippery spot on the floor and suffered a concussion. Global moves for summary judgment. Cortez does not oppose. Global argues among other things that it is undisputed it did not cause Cortez' injury. In this regard, Global enumerates the following undisputed material facts (UMF) in its separate statement: The acciden...

Excerpt: ... Plaintiff's employment. Plaintiff filed the complaint in this action on January 10, 2019, alleging the following causes of action: (1) disability discrimination in violation of Fair Employment and Housing Act (“FEHA”); (2) failure to prevent discrimination and/or harassment in violation of FEHA; (3) retaliation; (4) wrongful termination in violation of public policy; (5) failure to accommodate; (6) failure to engage in the good faith interac...

Excerpt: ... CRC Rule 3.1110(a). This is a power theft case which apparently resolved by way of a settlement which required defendant to make monthly payments to plaintiff until the agreed upon amount was paid in full. Code of Civil Procedure §664.6 provides in its entirety: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof,...

Excerpt: ...nt plaintiff seeks monetary sanctions, the notice of motion also fails to comply with Code of Civil Procedure §2023.040 [requiring notice to “identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought”]. According to the moving papers, plaintiff in pro per served by “Federal Express” on 4/13/2019 a notice for the deposition of CSAA's PMK which included a request to produce 63 c...

Excerpt: ...on (relating to the Presiding Judge's 3/11/2019 order denying plaintiff in pro per's application to vacate pre‐filing order or for a pre‐filing order permitting the filing of one or more amended complaints) was not only without any legal merit but also filed without complying with the requirement of obtaining a pre‐filing order. Plaintiff opposes, arguing first that this motion is improperly set for hearing in Department 54 rather than befo...

Excerpt: ...tion matters. *** Defendant California Department of Health Care Services' (“DHCS”) demurrer to plaintiff's First Amended Complaint (“1AC”) is ruled upon as follows. The opposition filed by plaintiff's former counsel fails to comply with CRC Rule 3.1110 (b)(3)‐(4). Factual Background This action arises out of plaintiff's prior employment with defendant DHCS. According to the 1AC, plaintiff was hired in March 2015 but she voluntarily res...

Excerpt: ...hat the date, time, and department for the hearing must be placed on the first page of opposition. This is a legal malpractice action. Plaintiff Andrew Palmquist alleges that in July 2017, he retained Cable and the other co‐defendants to represent him in Soper Co. v. Faith Russell, et al., Superior Court of California, County of Butte Case No. 17CV01457. ("Butte County Action") Pursuant to the Court's inherent authority to control t...

Excerpt: ...hat the date, time, and department for the hearing must be placed on the first page of opposition. This is a legal malpractice action. Plaintiff Andrew Palmquist alleges that in July 2017, he retained Cable and the other co‐defendants to represent him in Soper Co. v. Faith Russell, et al., Superior Court of California, County of Butte Case No. 17CV01457. ("Butte County Action") Pursuant to the Court's inherent authority to control t...

Excerpt: ...epared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants California Department of Food and Agriculture (“DFA”) and Joan Scheiman's (“Scheiman”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Plaintiff's separate statement fails to comply with CRC Rule 3.1350(f)(2) whi...

Excerpt: ...d an arbitration agreement upon his employment with defendant which requires that arbitration of all disputes arising out of Plaintiff's employment, and specifically waives Plaintiff's right to participate in any class action. Plaintiff filed the complaint in this action alleging seven causes of action arising from his employment, including failure to pay overtime, failure to provide meal and rest periods, wage statement violations, and P...

Excerpt: ...ut leave to amend as to defendants Furlong, as set forth below. Defendants' motion is made upon the grounds that Plaintiff's complaint does not state facts sufficient to support a claim for punitive damages. (Caliber Bodyworks, Inc. v. Superior Court (2005) 134 Cal.App.4th 365, 385.) Defendants argue that in order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must...

Excerpt: ...ditional Material Facts offered by plaintiff and/or which of the objections to evidence will be addressed at the hearing and the parties should be prepared to point to specific admissible evidence that is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Architecture for Education, Inc.'s (“A4E”) motion for summary adjudication of issues as against plaintiff Colusa County Office of Education (...

Excerpt: ...e 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 Swank Construction, Inc.'s (“Swank”) motion for summary adjudication is ruled upon as follows. Both parties' requests for judicial notice are granted. In taking judicial notice of these documents, the court accepts the fact of their existenc...

Excerpt: ...endants Filomena Taylor Homes 1 and 2, Inc. (“FTH”) and Filomena “Helen” Taylor's (“Helen”) (collectively “Defendants”) motion to strike portions of the First Amended Complaint (“1AC”) is ruled on as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Opposing counsel failed to comply with CRC Rule 2.111(1). Factual Background In pertinent part, the 1AC alleges the elderly plaintiff “requir...

Excerpt: ...*** Defendants Dr. Buchanan, et al.'s demurrer to the Second Amended Complaint (“2AC”) of plaintiffs in pro per is ruled on as follows. Overview This case follows the death of Reverend Amaziah Altraide along with an initial lawsuit which was filed on 5/15/2017, with a judgment of dismissal being entered following the sustaining of a demurrer on 8/31/2017. The plaintiffs in the present action, which was filed on 5/18/2018, are the decedent's w...

Excerpt: ... Taylor Homes 1 and 2, Inc. (“FTH”) and Filomena “Helen” Taylor's (“Helen”) (collectively “Defendants”) demurrer to the First Amended Complaint (“1AC”) is ruled on as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Opposing counsel failed to comply with CRC Rule 2.111(1). Factual Background In pertinent part, the 1AC alleges the elderly plaintiff “required…assistance and supervision 2...

Excerpt: ...to warranty, including, but not limited to, one or more faulty Takata airbags.” (Complaint, ¶ 10.) The Court notes that Plaintiff's motion fails to comply with CRC Rule 3.1345(d) which requires that the motion identify the specific interrogatories, demands, or requests by set and number. As a preliminary matter, the Court declines BMW's request to defer this matter pending a ruling on a future motion for summary judgment (that has not yet been...

Excerpt: ...atters. *** The demurrer of Defendants California Air Resources Board (CARB), California Environmental Protection Agency (CalEPA), Elizabeth Scheele (Scheele) and Terrel Ferreira (Ferreira) (collectively “Defendants”) to Plaintiff Christopher Newton's (Newton) First Amended Complaint (FAC) is SUSTAINED in part, with leave to amend, and OVERRULED in part. The motion to strike to the prayer for an award of punitive damages and prejudgment inter...

Excerpt: ...efendant served a Demand for IME for an examination conducted by Dr. June Paltzer, PH.D, a neuropsychologist ("Dr. Paltzer"). (Declaration of Kaveh Mirshafiel ("Mirshafiel Decl."), Ex. A.) The purpose of the exam was to “determin[e] the nature and extent of Plaintiff's claimed mental injuries and residuals thereto, and will consist of a standard neuropsychologist examination with history, past and present.” (Id.) Plaintiff agr...