Excerpt: ...cute between February 11, 2014 and April 24, 2017. Defendants seek to compel this dispute to arbitration on the basis that Plaintiff signed arbitration agreements for arbitration of medical malpractice disputes and arbitration of disputes other than medical malpractice after the Decedent was admitted to Sacramento Post‐Acute. The arbitration agreements generally provide that any controversy arising out of or related to services rendered to the ...

Excerpt: ...B's request for judicial notice is granted. Plaintiff does not oppose the request. (Opp., p. 13:23‐14:6.) As to court records, the notice is limited as explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.)...

Excerpt: ..., unlawful retaliation, failure to prevent discrimination, harassment and retaliation, failure to pay wages, unlawful retaliation for demanding wages due to wrongful termination, defamation, assault, and battery. Plaintiff alleges that at all relevant times he was living in and performing work in the State of California. He further alleges he was employed by the ISS Defendants beginning in 2016, and by late 2017 was the ISS Defendants' only sales...

Excerpt: ...rth below. Defendant's request for counter sanctions is denied as the circumstances make the imposition of sanctions unjust. This is a personal injury action arising from a vehicle collision. On September 21, 2018, plaintiffs served notice of taking the deposition of defendant Carson, and a request to produce documents. The deposition was scheduled to proceed on October 9, 2018. Defendant served an objection on September 25 and 26, 2018. The obje...

Excerpt: ...multiple common counts, seeking damages in the amount of $22,842.29, and related relief. Defendant filed an unverified general denial setting forth several facts alleged to constitute affirmative defenses, including accord and satisfaction, bar of an arbitration clause, payment, setoff and violations of the Fair Debt Collection Practices act. WFB subsequently brought a discovery motion seeking to have specified requests for admissions to be deeme...

Excerpt: ...ck a parked vehicle in which Plaintiff Kent Taylor was sleeping. The vehicle driven by John Fabisiak was insured by defendant GEICO under its policy with Wannee Fabisiak, who was a passenger in the vehicle that struck Mr. Taylor parked car. In a handwritten complaint, utilizing Judicial Council form PLD‐PI‐001, Mr. Taylor has sued John Fabisiak, Wannee Fabisiak, and GEICO. The handwritten complaint is at times very difficult to read. Nonethel...

Excerpt: ... the clerk and opposing counsel of the specific issues identified below and/or objections to evidence that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Defendants' counsel failed to comply with CRC Rule 3.1113(f). Factual Background This action arises out of a 2017 Inventory Security Agreement and Power of Attorney (“ISAPA”) bet...

Excerpt: ...fices of Mark R. Swartz, a corporation, (Swartz Law Firm) (collectively “Defendants") to strike the complaint pursuant to CCP § 425.16 is GRANTED in part and DENIED in part. In the future, defense counsel is directed to file any request for judicial notice separately from other documents. (See CRC 3.1113(l).) Overview This is a workers' compensation insurer's action for damages and imposition of a constructive trust after an insured's empl...

Excerpt: ...10 or CRC Rule 3.1110(a) and does not provide the correct address for Dept. 53/54. Although the notice of motion provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving party is directed to review the Local Rules, effective 1/1/2019. The proof of service filed on 4/9/2019 fails to comply with Code of Civil Procedure §1013a, requiring the “exact title” of each...

Excerpt: ...n October 2017. In the 1AC plaintiff alleges 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 coun...

Excerpt: ...matters. *** Defendant Department of Fish & Wildlife and Tina Bartlett's ("Bartlett") (collectively “DFW”) demurrer to Plaintiffs' first amended complaint (“FAC”) is ruled upon as follows. DFW's request for judicial notice is GRANTED. Plaintiffs' opposition exceeds the 15 page maximum in violation of CRC Rule 3.1113 (d). They did not obtain permission to file a longer memorandum. (CRC Rule 3.1113 (e).) Plaintiffs also fail to incl...

Excerpt: ...explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.) For example, courts cannot take judicial notice of the truth of statements in transcripts or declarations even though they are part of the trial court re...

Excerpt: ...nds that a misdiagnosis of cancer in her left breast was caused by contamination of her breast biopsy specimen with tissue from an unrelated patient, and resulted in an unnecessary bilateral mastectomy. Mercy San Juan Medical Center contends that there is no disputed issue of fact that Dignity Health employees at Mercy San Juan Medical Center had any causal connection with the contamination of plaintiff's biopsy sample. Plaintiff Berry does n...

Excerpt: ...on law and motion matters. *** *** If plaintiffs request oral argument in an attempt to obtain leave to amend, they 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. *** Defendants' demurrer to the Third Amended Complaint (“3AC”) is SUSTAINED IN PART and OVERRULED IN PART, without leave to amend, as follows. Plaintiffs' counsel failed to comply...

Excerpt: .... *** Defendant NewRez LLC fka New Penn Financial, LLC dba Shellpoint Mortgage Servicing's (“SMS”) demurrer to the First Amended Complaint (“1AC”) is ruled upon as follows. The notice of demurrer 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...

Excerpt: ...ng 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. Plaintiff's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a putative class and representative action brought by plaintiff against her employer. The 1AC purports to assert four causes of action for violation o...

Excerpt: ... drip and micro‐ drip irrigation products throughout the United States. (FAC, ¶ 5.) Jain's trade secrets and proprietary information include its customer identities, marketing plans, financial information, business strategies, vendor and contact information, pricing details, products in development and manufacturing processes. (Id., ¶ 7.) In 2006, Jain's predecessor in interest hired Hardigree as a sales manager. (FAC, ¶ 11.) Hardigree recei...

Excerpt: ... matters. *** Defendant A. Teichert & Son, Inc.'s (“Teichert”) demurrer to Plaintiff Martin Davalo's first amended complaint (“FAC”) is ruled upon as follows. Teichert's request for judicial notice is GRANTED. This is a putative wage and hour class action. Plaintiff worked as a cement mason. Teichert demurs to each cause of action on the ground that the Collective Bargaining Agreements (“CBAs”) entered into between Plaintiff and Teich...

Excerpt: ...ted on in Fair Oaks, California (“Property”). Juda Ann passed away in 2005, and the Property passed to Ronald. In 2007, Ronald married Mabel. He added Mabel to the title as a joint tenant in December 2007. Plaintiffs allege that at the time her name was added to the title, Mabel understood and agreed that she would receive only a one‐half interest in the property upon Ronald's death and that she held the other one‐half of the Property, re...

Excerpt: ...isayans”). On 5/5/2018, counsel for all defendants withdrew as counsel, explaining that his clients were not cooperating or meeting with him. On 9/5/2018, the Court granted Plaintiffs' unopposed motion to strike the answers of the Entity Defendants which were no longer represented by counsel. The Sisayans are acting in pro per and have been without counsel since 5/5/2018. Plaintiffs move for terminating sanctions for the Sisayans' failure to co...

Excerpt: ...titor. Defendant Robert Coral (“Coral”) is Serpentarium's president and CEO. (Serpentarium and Coral are collectively referred to herein as “Defendants”). In 2016, Plaintiff filed a misappropriation of trade secrets action against RoachKing, LLC and other individuals (collectively “RoachKing”), for a design for a colony used to breed dubia roaches for sale to reptile owners and pet stores, and for theft of dubia roaches. In 2017, the ...

Excerpt: ...ve an opportunity to file a reply brief, as a reply was due April 3, 2019. Plaintiff moves for attorney's fees in the amount of $103,933.75 and requests a lodestar enhancement of 0.5 in the amount of $51,966.88, for a total of $155,900.63 in attorney's fees. Plaintiff also seeks costs and expenses in the amount of $20,495.42. This is a lemon law action. On November 28, 2011, Plaintiff purchased a new 2011 Jeep Grand Cherokee (the “vehicle”) f...

Excerpt: ...led this action on 8/17/2018. Defendant answered the complaint on 11/8/2018. (ROA 27.) Plaintiffs moved for a trial preference under CCP §36(b). The Presiding Judge granted the motion and trial is currently scheduled for July 2, 2019. According to Defendant, its counsel from Lewis Brisbois Bisgaard & Smith LLP ("Lewis Brisbois") filed an answer to the complaint. On 1/9/2019, Collins Collins Muir + Stewart ("CCM+S") associated in ...

Excerpt: ... Tymoshenko is granted. Defendants' Request for Judicial Notice is granted. Defendants' Evidentiary Objections are sustained. Plaintiff's Evidentiary Objections are overruled. Defendants bring this Motion pursuant to Code of Civil Procedure Section 473(b) and (d), as well as this Court's inherent powers, on the grounds that Plaintiff obtained entry of default against Defendants without serving any Defendant with a Summons or Compl...

Excerpt: ...laintiff is owed in access of $48,000, representing the market value of the “petroleum products” delivered but not paid for, and consists of causes of action for breach of contract, common counts and breach of personal guaranty. Defendant/cross‐complainant filed a cross‐complaint against plaintiff purporting to assert a single cause of action for accounting, maintaining that some of the payments made to plaintiff for the latter's deliveri...

Excerpt: ...an interest in an LLC which owns commercial property but failed to pay off a $1.2 Million promissory note. The complaint alleges causes of action for breach of the promissory note, common counts, breach of the implied covenant of good faith and declaratory relief. Defendant Tran filed on 10/31/2018 both an answer and a cross‐complaint, the latter of which asserts causes of action for breach of contract and conversion. In December 2018 defendant...

Excerpt: ...s granted. Tina Bartlett is a regional manager for the Department. Nancee Murray is an attorney for the Department. Defendants allege that Plaintiffs South Yuba Water District (“District”), Michael Rue, Jerry Norene, Victor Grag, Morrison Graf, Gary Miller, and John Belza's claims against Defendant Bartlett and Defendant Murray arise from their lawful communications in connection with an official proceeding and are therefore barred by Code of...

Excerpt: ...ntative ruling to Plaintiff within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be April 8, 2019, to participate in...

Excerpt: ...”). On 9/26/2018, Mehtani and Co‐Defendant/Cross‐Plaintiff Janak Town and Country West G.P. ("T&CW") propounded the following four sets of identical demand for production of documents: 1. Mehtani's demand for production of documents on TDB 2. Mehtani's demand for production of documents on Qayyum 3. T&CW's demand for production of documents on TDB 4. T&CW's demand for production of documents on Qayyum The deadline to serve responses...

Excerpt: ...follows. Opposing counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). This is a wage‐and‐hour case brought by a single plaintiff. According to the moving papers, plaintiff noticed the deposition of defendant James Ashley with the production of documents on 11/9/2018, specifying a deposition date of 12/19/2018 but the witness did not appear at that time, despite the absence of objections to the deposition. Plaintiff no...

Excerpt: ...("VSS") demurrer to the second amended complaint. (ROA 137.) The Court also denied without prejudice Plaintiffs' concurrent motion for leave to file a third amended complaint for failure to comply with CRC Rule 3.1324(a)(2), (a)(3), and 3.1324(b). (ROA 136.) Plaintiffs eventually filed a new motion for leave to amend complaint. The City, however, submitted a proposed judgment of dismissal prior to the hearing on the motion for leave. ...

Excerpt: ...iary duty and breach of both written and oral contracts. The fiduciary duty claim included an allegation that the conduct constituting the breach was done with oppression, fraud and/or malice within the meaning of Civil Code §3294. Defendants successfully challenged the punitive damages allegations on the grounds that plaintiff failed to plead specific facts necessary to establish malice, fraud or oppression but instead relied on an impermissibl...

Excerpt: ...ty discussed, the court invites the parties to submit supplemental briefs that address the tentative ruling. Any party may, but need not, file and serve a supplemental legal brief no later than 4/26/19. If Plaintiff Michael T. Shannon (Shannon) wishes to appear and argue at the hearing on 5/10/19, then he shall promptly notify the court and opposing counsel of his intent to appear and shall arrange with the litigation coordinator at his facility ...

Excerpt: ...ied Underwriters, Inc. (“AUI”), Applied Underwriters Captive Risk Assurance Company, Inc. (“AUCRA”), and California Insurance Company's (“CIC”) (collectively, "Defendants") demurrer to the First Amended Complaint (“1AC”) is OVERRULED as follows. Moving counsel again failed to provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and did not provide the correct address for Dept. 53/54. Movin...

Excerpt: ...or 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, along with the correct department for hearing and 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. The Court noted that p...

Excerpt: ...s required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Backgrou...

Excerpt: ...t, she has been exposed to hazardous chemicals which have caused injuries to her internal organs, including multiple myeloma. Plaintiffs bring causes of action against multiple defendants including PTL for (1) negligence, (2) failure to warn, (3) design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. Prior Demurrer. PTL previously demurred only to the fraudulent concealment cause of action on the ...

Excerpt: ...eir 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.) This is an action for breach of a settlement agreement. Plaintiff alleges that on 11/18/2016, she entered into a settlement agreement with Regents, but on 4/17/2018, she was informed that Defendant failed to provide full service credit and retirement/pension benefits as agreed to...

Excerpt: ...ges that he was a member of Defendant's medical staff. Plaintiff alleges that he was discriminated and retaliated against, and harassed due to his presenting complaints regarding patient care, services, and/or hospital conditions. He further alleges that he was harassed based on his sex and that certain defamatory statements were made concerning his profession, trade, business, and qualifications. Plaintiff asserts that Defendant retaliated a...

Excerpt: ...ohn Mahan on April 29, 2016. The parties referred to those documents as follows: ∙ 3,755 documents identified by CARB as “key” documents. ∙ Documents responsive to Mahan's categories 1 through 10. The court stated it was not (yet) willing to preemptively prohibit CARB from claiming any of these documents were exempt from production before it actually had a chance to review them. It thus stated, “It will be up to CARB to determine, in th...

Excerpt: ...complaint (FACC), the court summarized the action as follows: In its complaint, Nivano alleges it is a large Independent Practice Association ("IPA"). In December2016, Nivano hired Scribner to be general counsel to Nivano Care Medical Group ("NCMG"), a medical group association with the IPA. Nivano alleges that Scribner and codefendant Jami Lopez conspired with other third parties to intentionally interfere with Nivano's opera...

Excerpt: ...gment is GRANTED. Overview This is an action on a commercial loan agreement and related personal guaranty. Ascentium loaned Buttles Custom $108,736 so that the latter could acquire a 2016 RAM C55 (the “vehicle”). (See Undisputed Material Facts (UMF) 1, 2.) The loan agreement was memorialized in a January 2017 Equipment Finance Agreement (EFA) that required Buttles Custom to repay the loan over 60 months. (UMF 1, 2.) The EFA required Ascentium...

Excerpt: ...ourt'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). The declaration by attorney Salazar which was filed on the afternoon of 3/14/2019 was not considered by the Court...

Excerpt: ...required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). ...

Excerpt: ...tices. The plaintiffs allege that Broker and its codefendants wrongfully attempted to obtain payments from them in various contexts. They allege that, to generate fees, Broker unnecessarily wrote new policies instead of adding vehicles to existing policies. They also allege that Broker assessed fees to remove vehicles from policies. Broker served Plaintiff with request for admissions asking Plaintiff to admit that certain documents are “genuine...

Excerpt: ...ital and medical expenses, general damage, and property damage. On January 30, 2019, Defendant caused to be served on Plaintiff multiple deposition subpoenas for production of business records from Plaintiff's treating physicians at multiple locations. (Whitehead Decl. at ¶ 3, Exh. A.) The medical providers declined to produce records without a signed release from Plaintiff and Plaintiff has refused to sign any such authorizations. Plaintiff has...

Excerpt: ...s are GRANTED. In taking judicial notice, the court accepts the existence of the documents and the existence of their contents, not the truth of their contents. Procedural Background This court previously summarized this case as follows: This case follows… [Michaels] promotion and subsequent demotion while employed by Co‐Defendant CalPERS. Michaels' allegations in the… [FAC] are somewhat extensive. Relevant for present purposes are allegati...

Excerpt: ...Plaintiff alleges she has suffered wage loss, loss of use of property, hospital and medical expenses, general damage, and property damage. On February 11, 2019, Plaintiff served her Written Exchange of Expert Trial Witness Information and Expert Witness Declaration. Plaintiff listed five expert witnesses, including Michael Boroff, BM. In her “Expert Witness Declaration” Plaintiff declared that Dr. Boroff is a psychologist who has been working...

Excerpt: ...n part with leave to amend, OVERRULED in part and DROPPED in part as moot. Overview Plaintiff Rachel Thoene (Thoene) alleges that she is one of Town Hall's real estate agents. (Town Hall allegedly does business as Keller Williams Realty Fair Oaks, a separately named defendant.) Peek is alleged to be Town Hall's CEO and one of its directors. According to Thoene, she provided fellow Town Hall agents with certain education and coaching services in e...

Excerpt: ... as PennyMac Loan Services, Inc., (PennyMac) is SUSTAINED in part and OVERRULED in part. PennyMac's request for judicial notice of a recorded deed of trust is GRANTED. Overview In the second amended complaint (SAC), Plaintiff Nabil Samaan (Plaintiff) alleges that he owns multiple residential properties, which he purchased with loans serviced by PennyMac and others. The servicers report Plaintiff's mortgage payment information to Co‐Defendant Eq...

Excerpt: ...material fact. *** Plaintiff Krystle Tash's Motion for New Trial challenging the granting of defendants The Permanente Medical Group, Inc. (“TPMG”) and Sue Matchell's Motion for Summary Judgment (“MSJ”) is DENIED. Factual Background Plaintiff's Complaint. This action arises out of plaintiff's employment with defendant TPMG, which began in 2006. Plaintiff alleges that starting around 2010 her supervisor, Sue Matchell, engaged in conduct al...

Excerpt: ...intiff Michael J. Widner (“Widner”) is granted in part and denied in part as set forth below. Widner's Request for Judicial Notice is granted. As to court records, the notice is limited as explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Af...

Excerpt: ...CCP 473.5), and the default is void. (CCP 473(d).) The Amended proof of service indicates that Maki was served via substitute service on 6/21/2018 at 9:26 a.m. The service was made at 10385 Atwood Rd. Auburn, California 95603. "John Doe" was "Drop served", he was aged 45‐50, 5'8", weighed 225+ lbs, bald, and white. The service was made by Shawn Sardia ("Sardia"), a registered California process server. According ...

Excerpt: ...�in pro per plaintiff's failure to bring this 2013 action to trial within five years is UNOPPOSED and is GRANTED, as follows. Plaintiff commenced this action on 2/20/2013, seeking damages for personal injuries. Defendant now moves for mandatory dismissal of this 2013 action pursuant to Code of Civil Procedure §583.310 and §583.360 since plaintiff failed to bring this action to trial within five (5) years. Coupled with the lack of opposition whi...

Excerpt: ... The motion of Defendants Gary Mitchell (Mitchell) and Mitchell & Mitchell Insurance Agency, Inc. (Agency) (collectively “Defendants”) for summary judgment or, in the alternative, summary adjudication of issues is DENIED. Plaintiff Patricia Blank's (Blank) request for judicial notice (RJN) of the original complaint in this case is unopposed and granted. Overview This case presents a business dispute. Blank alleges that Mitchell induced her an...

Excerpt: ...is GRANTED. There is a substantial probability that Plaintiffs will prevail on a claim for punitive damages pursuant to CC § 3294. Plaintiffs have produced Martin's own deposition testimony as well as other evidence to substantiate the following summary of Martin's alleged conduct: This case arises from attorney Hiram M. Martin taking $130,000.00 from foreign clients…on the false representation Martin had the expertise and experience to succes...

Excerpt: ...motion matters. *** Defendants William Porter and Porter Law Group's motion to strike portions of the First Amended Complaint (“1AC”) is GRANTED IN PART and DENIED IN PART, as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Background This action arises out of moving defendants' prior legal representation of the two plaintiffs, both of which are corporations. The 1AC purports to assert causes of action for legal...

Excerpt: ...d/or the court's equitable power to remedy extrinsic fraud in service of summons and to quash service of summons is ruled on as follows. The notice of motion does not provide the correct department or the time for hearing of this matter, which is 9:00 a.m. in Dept. 54 and not 2:00 p.m. in Dept. 53. Moving defendant is directed to contact opposing counsel and advise him/her of the correct department and the time for hearing of this matter. If movi...

Excerpt: ...matters. *** Defendants Capstone Home Services, LLC dba Simplicity Elderly Living (“LLC”) and Nathan Ciric's (collectively “Defendants”) demurrer to the complaint is SUSTAINED with leave to amend, as follows. Plaintiff's counsel failed to comply with CRC Rule 3.1113(f). Factual Background In a convoluted, unnecessarily long and contradictory pleading, the elderly plaintiff alleges in Paragraph 3 that on 8/18/2016 she “was getting into b...

Excerpt: ...tribution systems and consists of a computer, relays, fuses, and controls. The TIPM provides the primary means of voltage distribution and protection for the entire vehicle." (Complaint, para. 13.) Thus, the TIPM "fails to reliably control and distribute power to various vehicle electrical systems and component parts." (Complaint, para. 15.) The complaint asserts causes of action for Breach of Express Warranty, Breach of Implied Warra...

Excerpt: ...two others, unduly influenced decedent, Leon Reynoso Flores, to execute two grant deeds on or about October 4, 2011, which transferred title to two properties owned solely by Leon to Defendant Joseph and Defendant John as joint tenants, thereby wrongfully obtaining Leon's intestate estate property after Leon's death on June 5, 2013. Plaintiffs also allege that the defendants unduly influenced Leon to execute a Durable Power of Attorney fo...

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. *** Defendant Steve Madden Retail, Inc.'s motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is a putative wage‐and‐hour class action. The sole named Plaintiff is Evyanne Phelps (now Bella). The complaint ...

Excerpt: ...ion matters. *** Defendant Elica Health Center's (“EHC”) demurrer to Plaintiff Karen Freeman's first amended complaint (“FAC”) is ruled upon as follows. This action arises out of Plaintiff's employment with EHC, which terminated plaintiff in October 2017. Plaintiff alleges that Slavic national origin employees were the highest represented ethnic group of employees at EHC and occupied a large amount of managerial positions and seats on...

Excerpt: ...ithout prejudice. Plaintiffs oppose the motion arguing that there is no evidence that Tahereh Jarchi signed the arbitration agreement, personally agreed to arbitrate claims, or that Behjat Jounami had lawful authority to sign the agreement on behalf of Tahereh Jarchi' . Plaintiffs also argue that if the arbitration agreement is compelled against less than all plaintiffs the division of claim would create the potential for inconsistent rulings. Al...

Excerpt: ...Greyhound Lines, Inc. Plaintiffs submit that the settlement is fair, reasonable, and adequate as to all class members and should be approved by the Court. Appearance required. While the Court's ruling tentatively indicates that it will grant preliminary approval of the class action settlement as requested in general, including provisional certification, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. A...

Excerpt: ...explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.) For example, courts cannot take judicial notice of the truth of statements in transcripts or declarations even though they are part of the trial court re...

Excerpt: ...district representative with the HCD. Her job duties mainly involved inspecting mobile homes and mobile home parks for compliance with housing standards. On September 11, 2014, plaintiff went out on leave for injuries to her shoulder, back and hip, that she claimed occurred because of the driving involved in her duties. She worked part time that month, and her last day at work was September 30, 2014. Plaintiff filed a workers' compensation cl...

Excerpt: ...sented them beginning in or about June 2009. The Yeagers breached their fee agreement in July 2009 and this led to Defendants filing in Nevada County a Limited Jurisdiction action in 2010, resulting in a judgment in favor of Defendants. The Yeagers, acting in pro per, filed an appeal of the judgment but it was ultimately denied in late 2012. In early 2013, the Yeagers commenced this action against Defendants in Nevada County Superior Court but in...

Excerpt: ... of summons is ruled on as follows. The notice of motion does not provide the correct department or the time for hearing of this matter, which is 9:00 a.m. in Dept. 54 and not 2:00 p.m. in Dept. 53. Moving defendant is directed to contact opposing counsel and advise him/her of the correct department and the time for hearing of this matter. If moving defendant is unable to contact opposing counsel prior to hearing, moving defendant is ordered to a...

Excerpt: ...dure §583.310 and §583.360 since plaintiff failed to bring this action to trial within five (5) years. Coupled with the lack of opposition which is construed as a concession on the merits, this court will grant the motion to dismiss. Code of Civil Procedure §583.310 provides in its entirety: “An action shall be brought to trial within five years after the action is commenced against the defendant.” California law clearly holds that the fiv...

Excerpt: ...f alleges that he was “was injured in his health, strength and activity, sustaining injury to his body and shock and injury to his nervous system and person, all to his detriment, all of which injuries have caused, and continue to cause Plaintiff mental, physical and nervous pain and suffering.” Defendant propounded 112 special interrogatories with a number of photographs attached. The photographs depict Plaintiff in a variety of situations, ...

Excerpt: ...e ruling system as 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. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to comply with CRC Rule 3.1113(f). Factual Background This is a declaratory relief action whereby plaintiff, a financial advisor, seeks to invalidate the restrictive non‐co...

Excerpt: ...or of Defendant Akiba E. Green, D.O. (Dr. Green). In the underlying 12/07/18 order granting summary judgment, the court wrote: This is a medical malpractice case. […] The complaint contains allegations that Plaintiffs were injured when Bridges, the Minor's mother, gave birth to the Minor while under Dr. Green's care. The complaint contains two causes of action for medical negligence and a cause of action for emotional distress. The key allegati...

Excerpt: ...Background Plaintiffs in pro per's 2AC is on a Judicial Council Form which purports to assert a single claim for an unspecified “intentional tort” against Defendants. It is alleged that following a foreclosure sale of plaintiffs' home on 11/20/2017, Defendants were supposed to distribute surplus proceeds in early February 2018 and even notified plaintiffs the funds would be mailed out by the first week of February 2018. However, according to ...

Excerpt: ... Plaintiff Travelers Property Casualty Co.'s (“Travelers”) complaint is ruled upon as follows. The Court did not consider the Declaration of Mark R. Swartz (“Swartz Declaration”) since the Court does not consider such extrinsic evidence in ruling on a demurrer. The Court observes that attached to the Swartz Declaration are Exhibits A‐C that may be subject to judicial notice. Defendants, however, have not requested judicial notice. Exhib...

Excerpt: ...ral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiff's motion to compel third‐party Alta California Regional Center's (“ACRC”) compliance with subpoena duces tecum is UNOPPOSED and is GRANTED. This is an action for Dependent Abuse (W&I Code 15600 et seq.) and Violation of Resident's Bill of Rights. The action is brought by Plaintiff Kara Hagstrom ("Kara" or "Plaintiff&#...

Excerpt: ...ate. Any request for oral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Defendants Windsor Sacramento Estates, LLC dba Windsor Care Center of Sacramento (“WCCS”) and S&F Management Company, Inc.'s (“S&F”)(collectively “Defendants”) Petition to Compel Arbitration is ruled upon as follows. Co‐Defendants Lawrence Feigen, Lee Samson (collectively “Managing Defendants”), and Windsor Haysac Hol...

Excerpt: ...ment must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiffs General Charles E. Yeager (Ret.) and Victoria Yeager's (collectively “Yeagers”) motion to tax costs is ruled upon as follows. Overview This is a legal malpractice action brought by the Yeagers. According to the First Amended Complaint ("FAC"), Defendants represented them beginning in or about June 2009. The Yeagers breached their fee agreemen...

Excerpt: ...y no later than 4:00 p.m. on Wednesday, March 6, 2019**** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of the Issues identified in the Notice of Motion and which of the Undisputed Material Facts offered by the moving defendants and/or the Additional Material Facts offered by plaintiff will be addressed at the hearing and the parties should be prepared to poin...

Excerpt: ... Any request for oral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** The motion of Defendants Hartford Fire Insurance Company (“Hartford”), Matt Murphy (“Murphy”), and James Sweetman (“Sweetman”) for summary judgment, or in the alternative summary adjudication, as to the First Amended Complaint (“FAC”) of plaintiff Michael J. Widner (“Widner”) is granted in part and denied in part as set...

Excerpt: ...made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiff Reviver Financial, LLC, successor in interest to CNU of California, LLC dba Net Credit's motion for summary judgment is ruled upon as follows. This is an action for breach of contract and common counts. Plaintiff is a debt buyer. Plaintiff alleges that it purchased the loan between Defendant Daniel Hudson and CNU of California, LLC dba Net Credit. Plaintiff alleges that Def...

Excerpt: ...ater than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiff Eric Hunt's motion for protective order is ruled upon as follows. This is a motor vehicle, personal injury action. Plaintiff alleges that on 6/1/2016, Defendant Gary Peifer failed to drive at a safe speed and distance and crashed his truck into the rear of Plaintiff's vehicle. In his complaint, Plaintiff alleges that he was “was injured in his health, strength and activity, sustainin...

Excerpt: ...uest for oral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Defendants Robert Scott St. Clair, Hillary Jean St. Clair (collectively the “St. Clairs”), Mark Randall Swartz and that Law Offices of Mark R. Swartz's (collectively Swartz”) (all defendants are collectively referred to herein as “Defendants”) demurrer to Plaintiff Travelers Property Casualty Co.'s (“Travelers”) complaint is ruled up...

Excerpt: ... as the motion is unopposed. On May 10, 2018, plaintiff Anthony Schwartz propounded Form Interrogatories ‐ General, Set One (1), Request for Admissions, Set One (I), Request for Production of Documents, Set One (1), and Special Interrogatories, Set One (1) on defendant Sharon L. Wessels. Defendant Wessels did not respond to any of the discovery, and Schwartz subsequently moved to compel responses on October 10, 2018. Defendant Wessels did not o...

Excerpt: ...5. Alpine brings this motion solely to compel Elliot to provide the original verification of the unverified responses served November 17, 2018. Alpine's counsel sent two letters to Elliot's counsel requesting Elliot's verification of the subject discovery responses. The first letter was dated November 27, 2018. The second letter was dated January 7, 2019. The second letter indicated that Alpine would file its motions to compel the verifications i...

Excerpt: ... on the pleading under submission following oral argument, the Court issued its order affirming the tentative ruling, granting the motion, and addressing matters raised at oral argument. On February 11, 2019, the Court entered judgment in the action in accord with its ruling on the motion for judgment on the pleadings. Once judgment has been entered, the court may not reconsider it and loses its unrestricted power to change the judgment. The cour...

Excerpt: ... stay entered on 1/18/19 is LIFTED. RRI's request for judicial notice is GRANTED. Factual / Procedural Background This is a residential landlord / tenant case. In his verified complaint, Plaintiff Michael Scallin (Scallin) identifies himself as the tenant, and he identifies Co‐Defendant Tom Blum (Blum) as a “known property owner.” A lease agreement (Lease) attached to the complaint identifies RRI as “Agent.” A move‐in inspection repor...

Excerpt: ...or, in the alternative, summary adjudication of issues is DENIED. Overview The complaint in this case contains causes of action against Valaga for negligence and premises liability. The plaintiff is Daniel Yakushchenko (Yakushchenko). Yakushchenko and Valaga are neighbors. On the date in question, Yakushchenko saw Valaga cutting limbs from a tree in the front yard of Valaga's property. (Undisputed Material Fact (UMF) 1.) Yakushchenko offered to h...

Excerpt: ...ers. *** Defendant Norcal Masonry Builders, Inc.'s demurrer to Plaintiff Bay Cities Paving & Grading, Inc.'s second amended complaint (“SAC”) is ruled upon as follows. Plaintiff's request for judicial notice is granted, with the exception of Exhibit A ‐ webpage printout from California Secretary of State. CAB's request for judicial notice of certain webpages from the Department of Insurance is DENIED. As noted in Jolley v. Chase Home Financ...

Excerpt: ...collectively “Defendants”) is SUSTAINED with leave to amend. Defendants' request for judicial notice of the complaint and first amended complaint (FAC) is GRANTED. The Loan Modification Agreement and Forebearance Agreements attached as exhibits to the McLoon Declaration are STRICKEN. The court may not consider evidence at this juncture. In addition, the FAC makes no reference to the agreements, and federal rules authorizing courts to consider...

Excerpt: ...ng counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This is a cons...

Excerpt: ...prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant California Department of General Services' (“DGS”) motion for summary judgment, or in the alternative, summary adjudication is GRANTED. DGS' 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 c...

Excerpt: ...iled to comply with them. Thus, the Court must once again deny the motion without prejudice. In the ex parte order, the Court indicated that on 1/8/2019, plaintiff lodged the following unredacted documents in opposition to motion for summary judgment: a. La Jolla's opposition b. La Jolla's separate statement c. Declaration of Steven M. Ramanoff d. Declaration of Travis Huff e. Appendix of Exhibits [Exhibits 1‐15] f. Appendix of Exhibits...

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. *** Plaintiff and Cross‐ Defendant Alhambra Enterprises, Inc.'s (“AEI”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. AEI moves for summary judgment/adjudication of its own Complaint. AEI also moves for sum...

Excerpt: ...Vilayvan Phaouthoum's motion to compel further response to request for production is ruled upon as follows. This is a lemon law action. Plaintiff alleges that in March 2012, s/he purchased a used 2009 GMC Acadia. The vehicle allegedly suffered from serious defects and nonconformities, including but, not limited to steering and engine defects. To the extent Plaintiff is requesting that Defendant produce the documents that it agreed to produce in r...

Excerpt: ... service. On 1/9/2019, Plaintiff filed a request for entry of default which was granted. Pursuant to CCP 585(a), “[i]n an action arising upon contract or judgment for the recovery of money or damages only, if the defendant has, or if more than one defendant, if any of the defendants have, been served, other than by publication, and no answer, demurrer . . . has been filed with the clerk of the court within the time specified in the summons, or ...

Excerpt: ...on protective order brought by Defendants Vibra Hospital of Sacramento, LLC (Vibra), Vibra Healthcare, LLC and Vibra Holdings One, LLC (collectively “Defendants”) is GRANTED. Overview This is an elder abuse / wrongful death case. Plaintiffs are Decedent's surviving family members. Vibra is a hospital, not a skilled nursing facility. In their complaint, Plaintiffs allege that Decedent suffered a pressure ulcer while in Defendants' care. Plaint...

Excerpt: ...ED in part and OVERRULED in part. Langshaw's request for judicial notice of court documents is GRANTED. Overview This case follows entry of a money judgment against plaintiff herein Arthur Scott Dockter (Dockter) in 1998. In his first amended complaint (FAC), Dockter alleges that the judgment creditor in the underlying case sold its rights as judgment creditor to “Alliance Financial.” He alleges that Langshaw purported to renew the judgme...

Excerpt: ...sel of the specific “matters for examination” and/or document requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local court 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 Rul...

Excerpt: ... as follows. The notice of motion does not provide the correct address for Dept. 53/54. Factual Background HCD commenced this action against Center and other defendants alleging six causes of action including breach of contract, breach of the implied covenant of good faith and fair dealing, money had and received, money paid, and accounting. HCD alleges that it entered into contracts with Center, a non‐ profit corporation, to operate and mainta...