Excerpt: ...er counsel successfully moved to withdraw. Plaintiff then obtained new counsel, who represented her from March 12, 2019 to September 2019, at which time the he also successfully moved to withdraw. Plaintiff is now again in pro per, and trial is set for January 13, 2020. In light of the impending trial date, this matter has been set for hearing on shortened time. The parties engaged in a settlement conference with Judge Davidian on September 9, 20...

Excerpt: ...ptember 26, 2019 Plaintiffs' counsel asserts that he provided notarized and signed copies of the releases and Centers for Medicare & Medicaid Services (“CMS”) information. (Id. ¶7.) Plaintiffs' counsel further asserts that Defendants were required to make payments within 30 days of the submission of the signed releases and CMS information, but have failed to do so. (Id. ¶¶6, 7.) As Defendants have failed to send the settlement check per th...

Excerpt: ... and criminal history. He argues these allegations are convoluted, irrelevant, and scandalous. (See MPA at pp. 3‐4.) Sepanski argues that these allegations are relevant to Sepanski's allegations of fraud and conversion. The Court agrees. Sepanski's allegations in her SAXC relate directly to her lengthy and tumultuous history with Masters, and provide relevant context as to how he was allegedly able to defraud her and convert her property throug...

Excerpt: ...xtrinsic evidence. This Court is limited to reviewing allegations in the SAXC or subject to judicial notice. Overview The SAXC alleges as follows. Sepanski and Masters entered into a romantic relationship in October 1987, at which time Masters began abusing Sepanski, and the abuse continued throughout the relationship. In 2007, at Masters' urging, Sepanski obtained the proper licenses and financing and opened an automobile dealership called Disco...

Excerpt: ...state provided insurance to Plaintiffs as well as a $2 million umbrella policy. Allstate inspected 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 20...

Excerpt: ...nty causes of action against Defendants. The Court previously sustained Defendants' demurrers to the first eleven causes of action, and thus only causes of action 12‐20 are at issue. (RJN Exs. A, B. C.) The remaining causes of action allege claims for breach of contract, breach of fiduciary duty, accounting, fraudulent concealment, fraud, conversion, and unjust enrichment. On September 30, 2019, the Court granted Defendants' unopposed motions t...

Excerpt: ...t it entered into several contracts with Defendants which extended them a line of credit, and that Defendants breached the contracts by failing to pay approximately $1.7 million due and owing. American River RV filed for bankruptcy after this case commenced. On May 14, 2019, Plaintiff noticed Mr. Ahmad's deposition, and again noticed it on July 9, 2019. After Mr. Ahmad failed to appear on both occasions, Plaintiff filed a motion to compel his dep...

Excerpt: ...to provide legally complaint meal and rest periods, among other things. While this case was originally styled as a class action, Plaintiff has since decided to pursue only his claim arising under the Private Attorney General Act (“PAGA”) and has therefore dismissed the class action allegations from the operative complaint and all but the tenth cause of action arising under PAGA. On July 11, 2019, Plaintiff served Defendants with Special Inter...

Excerpt: ...ch of the objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Costco Wholesale Corporation's (“Costco”) motion for summary adjudication as against plaintiff Dori Kolb is ruled upon as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1...

Excerpt: ...monetary sanctions, the notice of motion 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”]. Factual Background This is a putative class action which alleges various wage‐and‐hour violations by the named defendants. On 6/20/2019 plaintiffs hand served a notice for the deposition of “[PMK] a...

Excerpt: ... brings this action against Defendant, alleging two causes of action for (1) negligence and (2) intentional tort. As to the negligence cause of action, Plaintiff's Complaint alleges that on June 6, 2018, Plaintiff saw Defendant for a routine checkup at Folsom State Prison. At that time, Plaintiff asked Defendant to take him off his medication, and Defendant stated that it would take six months to wean him off. Plaintiff alleges that he then asked...

Excerpt: ...nt for over five years preceding the complaint. Specifically, a sewer drain exists and garbage bins have been placed on the easement. The Hongs filed their answer on 9/12/2019, they now seek leave file a cross‐complaint for ejectment, trespass, public/private nuisance, and declaratory relief. The Hongs insist that the cross‐complaint is compulsory. A cross‐complaint is compulsory when the claims are "logically related" to those asserted in ...

Excerpt: ...otice is granted. This is a wrongful death action. Plaintiffs are the heirs of decedent Shelly Lynn Rau (“Decedent”). Plaintiffs allege that 5/22/2019 co‐defendant Dean Barbera (“Barbera”) consumed substantial amounts of alcohol to the point of intoxication and impairment to operate a motor vehicle. Barbera was driving a vehicle when he ran into Decedent while she was crossing a cross‐walk. Barbera fled the scene and was eventually ar...

Excerpt: ...nt on others for mobility. Decedent developed pressure ulcers and attempted to cover up the existence and cause of the pressure ulcers. Decedent passed away on 1/21/2018. The Court notes that Defendant Sutter Valley Hospitals has agreed to serve supplemental responses and produce documents for most of the request for production of documents. In reply, Plaintiff indicates that he has not yet received the supplemental responses. The motion is GRANT...

Excerpt: ...fendant S360 Holdings, LLC entered into a written agreement entitled “Promissory Note” in the amount of $500,000 pertaining to the financing of real property. The Promissory Note was secured by a Deed of Trust on the property. As part of the transaction, Chisick and co‐defendant Raymond Sahadeo (“Sahadeo”) executed a Personal Guaranty. Ultimately, the property was sold and Williams is barred from proceeding against the property to colle...

Excerpt: ...damages and other equitable relief. Plaintiffs allege that Defendants are co‐owners/operators of a commercial property located at 3501 33rd Ave, Sacramento, California 95824 (“Property”). Plaintiffs allege that commencing 1/8/2016, the Property has been used and was continually being used, for the purposes of unlawfully selling, serving, storing, keeping, manufacturing, using, or giving away controlled substances, precursors, and/or analogs...

Excerpt: ...anals, four crowns, and additional injuries, such as Temporomandibular Joint Disorder (“TMJ”) and tinnitus. After this litigation commenced, Defendant subpoenaed Plaintiff's medical and billing records from UC Davis Medical Center, UC Davis Medical Center/Billing, Regents of UC Professional Billing/Business Office, UC Davis Medical Center/Radiology, California Department of Veterans Affairs, Domestic Department of Veteran's Affairs, Veteran's...

Excerpt: ...ts' motion to compel plaintiff's further responses to special interrogatories is ruled on as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiff is a real estate agent who is now suing defendants for defamation. Plaintiff alleges that defendants sent a defamatory email to plaintiff h...

Excerpt: ...ough 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 counsel is directed to review the Local Rules, effective 1/1/2019. Factual Background According to the complaint, plaintiff is a non‐profit mutual benefit corporation which was organized in 1964 as a cooperative housing project located in Sacramento County. The sole named defendant...

Excerpt: ... the State of California for civil penalties and an injunction against Defendants alleging they disseminated false information (Business & Professions Code §§ 17500, et seq.) and engaged in unfair competition (Business & Professions Code §§ 17200, et seq.) in connection with their pesticide application business. Defendants filed an answer to the FAC on October 18, 2019, in which they allege fifteen affirmative defenses. Plaintiff moves to str...

Excerpt: ... calendar days prior to the hearing. (See CRC 3.1342(a) [requiring a party seeking dismissal of a case to “serve and file a notice of motion at least 45 days before the date set for hearing of the motion”].) The Court does not consider Defendant Daniel Clark (“Clark”)'s notice of joinder in Differenbaugh's motion (ROA # 105) since it was untimely filed on November 12, 2019. Clark's “joinder” not only joins in Differenbaugh's dismissal...

Excerpt: ...l is unable to contact opposing parties' counsel prior to the hearing, moving parties' counsel shall be available at the hearing, in person or by telephone, in the event opposing parties' counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendants Roger Biscay and Lynn Biscay (“Defendants”) move for 1) an order compelling Plaintiff Andrea Richard to provide responses to Defendants' form interrogatories, set on...

Excerpt: ...ion. This is a Lemon Law action arising out of Plaintiff's purchase of a 2017 GMC Sierra. Plaintiff alleges that following his purchase of the subject vehicle, he made several visits to a GM dealer in an effort to have certain transmission and engine defects repaired. Plaintiff alleges GM failed to repair the defects or repurchase the subject vehicle in violation of the Song‐Beverly Consumer Warranty Act (the “Act”). He further alleges that...

Excerpt: ...oni, DDS's dental practice, Plaintiff alleges she was required to perform work for all of the Defendants. (Compl. ¶ 18.) Defendants move to compel arbitration of this action pursuant to Code of Civil Procedure section 1281.2 based upon an arbitration provision contained in a 26‐page employee handbook, which Plaintiff acknowledged receipt of when she was hired. The provision was headed “MUTUAL AGREEMENT TO ARBITRATE CLAIMS” and was found on...

Excerpt: ...ntiff cannot establish it breached the applicable standard of care. In evaluating a motion for summary judgment the court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment is limited to the issues raised by the pleading...

Excerpt: ...06 (D). ACP's counsel is directed to contact Plaintiff Rafael Ayala Hernandez's (“Plaintiff”) counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If ACP's counsel is unable to contact Plaintiff's counsel prior to the hearing, ACP's counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rul...

Excerpt: ...ers. *** Defendants Visit Elk Grove (“VEG”) and Rachael Brown's (“Brown”) demurrer to Plaintiff's second amended complaint (“SAC”) is ruled upon as follows. Overview Plaintiff Kristin Berkery owns and operates a marketing consulting firm and has done business in Elk Grove since 2013. Her firm provides clients with services such as strategic planning, web design, media buying, media relations, voiceover and event planning. Plaintiff ha...

Excerpt: ...(the “Premises”). Plaintiff alleges the following in the SAC. Defendants owned the apartment complex containing the Premises at all relevant times. (SAC ¶ 2.) Pursuant to a written property management agreement, non‐ party Catalyst Property Management, Inc. (“Catalyst”) acts as the property manager and authorized agent for Defendants at said apartment complex. (SAC ¶ 7.) As such, Catalyst (as agent for Defendants) took and processed a...

Excerpt: ... complex in Rancho Cordova, California. Defendants have learned that four of the Plaintiffs are deceased. To date, Plaintiffs' counsel has not filed a motion to appoint representatives or successors‐ininterest for the estates of any of the four deceased Plaintiffs, although two of them died a year ago. Defendants argue that because no successors or representatives have been substituted in for the deceased Plaintiffs, the Court's jurisdiction is...

Excerpt: ...ponse, Uber filed this Petition to Compel Arbitration and Stay the Proceedings pursuant to the arbitration provision in the December 11, 2015 Technology Services Agreement (the “TSA”), which Mr. Blair agreed to on March 8, 2016. Specifically, the TSA contains an arbitration provision which requires drivers such as Mr. Blair, if they do not opt out, to individually arbitrate all disputes arising out of or related to the agreement or their rela...

Excerpt: ...gusta Legacy Properties, LLC's (“ALP”) demurrer to the crosscomplaint (“X‐C”) of defendants Epona Investment Group, LLC and Plaza Ave Apartments, LLC (collectively “Epona”) is ruled on as follows. Factual Background This is a subrogation action brought by plaintiff Mercury Insurance Company (“Mercury”) to recoup the expenses it incurred in connection with both the defense and settlement of habitability claims made against its in...

Excerpt: ...rchase Agreement (“PA”) wherein he agreed to purchase a condominium from Defendant for the price of $162,900.The PA included a provision for a seller's credit of $12,000, which would be paid to Plaintiff at the close of escrow, effectively reducing the purchase price to $150,900. During Plaintiff's VA loan application process, time for close of escrow passed without funding. Plaintiff then filed a lawsuit in February 2015 for specific perform...

Excerpt: ...upon price certain real property located in Sacramento County, along with another cause of action for breach of contract wherein plaintiff alleges monetary damages of at least $50,000. This matter was ordered to arbitration effective 6/2/2016. On 11/17/2016, plaintiff filed a motion to enforce settlement which was ultimately denied on 12/19/2016 without prejudice. On 2/9/2017, plaintiff filed a second motion to enforce settlement which was denied...

Excerpt: ...e ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative 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 Pla...

Excerpt: ...es, Robert Coupe, and Mark Beadleston, is not opposed and is granted as set forth below. Ghilotti's motion for monetary sanctions pursuant to Sections 2023.010, subds. (d) and (h) and 2033.280, subd. (c) against counsel for the crossdefendants in the sum of $1,185.00 for the failure to timely respond to the Requests for Admission is granted. On June 12, 2019, Ghilotti Bros., Inc. served separate requests for admissions upon Cross‐ Defendants Li...

Excerpt: ...ranted in part and denied in part as set forth below. Plaintiff's concurrent motion for monetary sanctions in the amount of $2,310 pursuant to Civil Procedure Code sections 2023.010(d)‐(e), (i), 2023.020, 2023.030(a), 2030.300(d), and 2031.310(h), is denied. Church's request for sanctions is also denied. Plaintiff Gilbert Barrow filed a complaint against defendants Chinese Methodist Church and Sally Wong alleging causes of action related to an ...

Excerpt: ...row, LLC dba Jungle Dirt (“Kong Grow”), Lopez Ag Service, Inc., Alfred Lopez, and Does 1‐50. Plaintiff alleges causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) negligence, (4) products liability ‐ design defect, (5) strict products liability ‐ manufacturing defect, (6) negligent products liability, (7) negligent misrepresentation, and (8) fraud. The Court notes that Defendants M...

Excerpt: ...on of Labor Code §226 [requirements for itemized wage statements]. 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.” Rather than challenging the enforceability and/or applicability of the subject arbitration clause on which TDE's petition to compel arbitration was based, plaintiff chose to file the 1AC on 6/25/2019. As explained in ...

Excerpt: ...g. The litigation coordinator shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. Typically, the hearing date would automatically be continued one week plus one court day for oral argument. However, the Court Holidays, the hearing date shall be continued to December 4, 2019. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall ma...

Excerpt: ...ccording to defendants, plaintiffs owed over $600,000 on their mortgage as of 2015 and have filed roughly 10 bankruptcy proceedings since 2010 in an attempt to stall the foreclosure process. Plaintiffs' first civil action was filed in 2016 and ended with a settlement in August 2017, wherein plaintiffs agreed they would not again file suit relating to their deed of trust or challenge foreclosure proceedings. The present action was commenced by Mr....

Excerpt: ...* Plaintiffs Valerie Sikich, et al.'s motion to compel defendant Caroline Kang, LLC dba Laguna Woods' further responses to Requests for Production, Set Two (“RFP”) is ruled upon as follows. Background This is an elder abuse action arising from the decedent Christine Patton's AugustSeptember 2017 stay at Laguna Woods, a residential care facility for the elderly (“RCFE”). Ms. Patton required help with various activities like getting in and ...

Excerpt: ... point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants SI Real Estate, Inc. (“SRE”) and Florin Bradshaw Investors, LLC's (“FBI”) (collectively “Defendants” or “Seller”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. The Court notes that in Plaintiff Kamar Singh's declaration in opposition to the mo...

Excerpt: ...unsel at the time of the request which of the issues and/or causes of action discussed below 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. *** *** If oral argument is requested in an attempt to obtain leave to amend, plaintiffs shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to ...

Excerpt: ...sel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). Factual Background This action was commenced in 2014 and alleges that the named defendants conspired with Steve Samra dba Steve Samra Farms (against whom plaintiff had previously obtained a judgment in 2010) to defraud plaintiff and hinder its collection of the 2010 judgment against Steve Samra. In November 2016 the parties to the present action entered into a stipulation wh...

Excerpt: ...on 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 counsel is directed to review the Local Rules, effective 1/1/2019. Factual Background This action arises out of a series of loans extended by CCL to plaintiff Phoenix Logistics Supply Chain Solutions, Inc. (“PLSCS) in 2015 and 2016. Plaintiff's First Amended Complaint (“1AC”) admits that CCL is headq...

Excerpt: ...and private, all of which is now viewable by the public. Should any party desire to limit the public's access to such medical and personal information, a motion to seal same should be filed promptly. This is a medical malpractice action against Dr. Kaplon, who now moves for summary judgment/adjudication on the grounds that he complied with the applicable standard of care and that plaintiff's malpractice claim is barred by the applicable statute o...

Excerpt: ...nal 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. In ruling on a demurrer, the Court does not consider such extrinsic evidence or evidence that is not subject to judicial notice. Overview The complaint is quite confusing. Plaintiff filed a judicial council form complaint,...

Excerpt: ... was untimely served is OVERRULED. Because Plaintiffs were able to craft an opposition, and because the issues in the protective order overlap with those in Plaintiffs' own motion to compel, any untimeliness did not result in unfair prejudice. Overview This is an elder abuse / wrongful death case. Plaintiffs are the decedent's successorsin‐interest. Defendant Vibra is a hospital, not a skilled nursing facility. In their complaint, Plaintiffs al...

Excerpt: ...urther responses to his first set of requests for admissions is GRANTED in part and DENIED in part; monetary sanctions DENIED. Overview This case involves the purchase and sale of two four‐plex properties. Gregory alleges that, when he purchased the properties, Defendant 1st Priority Realty (1st Priority) was his and the seller's broker. Gregory contends that 1st Priority withheld facts about the properties and misrepresented other facts. Grego...

Excerpt: ...atrolling the grounds of a movie theater wrongfully detained them there, discriminated against them based on race and used excessive force. The plaintiffs allege that the officer was the agent of both Regal and Co‐ Defendant Sacramento Police Department. In addition to various torts, the FAC contains a breach of contract cause of action against Regal. The plaintiffs allege that they purchased tickets to see a movie, but that Regal breached the ...

Excerpt: ...e of motion or and untimeliness in connection with the opposition. Future inaccuracies or failures to comply with procedural rules could result in adverse rulings. This is a civil rights case in which two minor plaintiffs allege that a police officer patrolling the grounds of a movie theater wrongfully detained them there, discriminated against them based on race and used excessive force. The plaintiffs allege that the officer was the agent of bo...

Excerpt: ...f 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 is advised that where discovery responses (as opposed to further responses) are sought, copies of the discovery need not be included with the motion. Proof of service is all that is req...

Excerpt: ...lizabeth Scheele (Scheele) and Terrel Ferreira (Ferreira) (collectively “Defendants”) to the complaint is SUSTAINED with leave to amend. Defendants' request for judicial notice of official administrative records is GRANTED. Defendants' further request for judicial notice of the absence of a petition for writ of mandamus is DENIED. Overview This case presents an employment dispute. The plaintiff is Christopher Newton (Newton). In his complaint...

Excerpt: ...pection “ALL DOCUMENTS related to Envirosun, including but not limited to the company's financial statements, income statements, bank statements, and tax returns.” Mr. Newsom responded to the request objecting to production on the following grounds: (1) his indvidual right to privacy under the state constitution; (2) the production would require the disclosure of Mr. Newsom's confidential financial, or proprietary information; (3) the...

Excerpt: ...ants are not named as defendants in the title caption of the First Amended Complaint and no causes of action are ostensibly stated against them. The defendants previously demurred to Plaintiff's complaint. However, the demurrers of defendants Krista Kastanos, Donald Lee Manning, Theresa Ann Huff, and Fern M. Laethem were stricken because their defaults had been entered prior to the filing of their demurrers. Their motions to set aside the default...

Excerpt: ...ucts Liability Manufacturing Defect), Second Cause of Action (Strict Products Liability ‐ Failure to Warn), Fifth Cause of Action (Negligence) and Sixth Cause of Action (Loss of Consortium). Plaintiffs oppose the demurrer. Plaintiffs' Mark and Ann Montgomery's ("Plaintiffs") Second Amended Complaint against MicroPort Orthopedics Inc. is based upon an allegedly defective prosthetic hip device that was implanted into Mr. Montgomery...

Excerpt: ...of $1,800.00, is denied without prejudice as set forth below. The defendant's efforts to obtain IMEs as to both plaintiffs are chronicled in the parties' briefs. It suffices to note that there had been several failed, modified, or cancelled attempts to complete the IMEs. The Court's recites the circumstances of the three most recent noticed IMEs, and focuses upon the last request. On May 18, 2018 defendant served a Second Amended Dema...

Excerpt: ...t protrude below the bottoms of the exhibits. (CRC 3.1110(f)(3).) Westchester's counsel are advised to review the formatting requirements in CRC 3.1350(f).) Westchester's opposing separate statement does not properly describe the evidence substantiating disputes of material facts. (Westchester filed a correct version on 2/19/19, which was after CARB registered its objections in the reply.) In its discretion, the court has considered the oppositio...

Excerpt: ...fs”). Davis alleges that Nurse Mullin and others provided her with pain management services. Florez and Tovar allege that Nurse Mullin was their coworker and supervisor. Nurse Mullin's Co‐ Defendants are his most recent employers, Advanced Pain Diagnostic & Solutions, Inc. and Kayvan Haddadan, M.D. According to Davis, Nurse Mullin grabbed her breasts during appointments. She also alleges that Nurse Mullin made telephonic and other graphic, un...

Excerpt: ...formation Services, LLC's (collectively "Equifax") is SUSTAINED in part without leave to amend and OVERRULED in part. 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 codefendants Wells Fargo Bank, N.A., Cenlar Agency, Inc. and PennyMac Loan Services, Inc. (the Servicers). The Servicers report Plaintiff's m...

Excerpt: ...d 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 Jimboy's North America, LLC's (“JNA”) motion for summary judgment/adjudication on plaintiffs Jimboy's Marketing, Inc. (“JMI”) and Bellagrace, Inc.'s (“BGI”) Third Amended Complaint (“3AC”) is ruled on as follows. Although the notice of...

Excerpt: ...ose Consulting Corporation (“Ambrose” or “Defendants”) alleging five separate causes of action: (1) Physical Invasion of Privacy against all Defendants (Cal. Civ. Code §1708.8); (2) Trespass; (3) Fraud; (4) Negligent Misrepresentation; and (5) Unfair Business Practice. Defendants move to strike all five causes of action upon the ground that AHC and ARA allege constitutionally protected activity and that the claims against Defendants aros...

Excerpt: ...pient of the money was the person who was the designated payee of the check. Analysis The court finds that the facts alleged in the complaint are insufficient to state a valid cause of action against Bank. First, plaintiff has failed to indicate what theory of liability is being asserted against Bank and to the extent the theory might be negligence, the first amended complaint does not plead facts which establish that Bank owed any duty of care t...

Excerpt: ...vide restitution in an amount equal to the actual price paid or payable for the vehicle (plus incidental and consequential losses less a “reasonable mileage offset”), two times actual damages, and attorney fees and costs “to be…determined by court motion if the parties cannot agree.” Plaintiff appears to have accepted this offer on 11/28/2018. Plaintiff now moves to “enforce” defendant's Code of Civil Procedure §998 offer, requesti...

Excerpt: ... of the contempt. Status briefs were ordered to be served and filed by 2/12/19. Suncountry Owners Association filed a Joint Status Conference Statement. Mr. Thompson has not filed a separate statement. Suncountry represents that conduct alleged to violate the court's judgment of July 10, 2018, still persist. Suncountry requests that the Court affirm its tentative ruling issued on January 15, 2019, with the exception of setting a different dat...

Excerpt: ...ee, issued by plaintiffs Robert Tellesen, J. Paul Muizelaar, and Vogue Homes, Inc., is granted in part as set forth below. Defendant move pursuant to Code of Civil Procedure sections 1987.1 and 2025.420 on the grounds that the plaintiffs' subpoena seeking Dr. Lee' personal bank account information: (1) violates Civil Code section 3295 which prohibits pre‐trial discovery by the plaintiff of evidence of the financial condition of the defendant un...

Excerpt: ...pp. 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 record. (Sosinsky, supra, 6 Cal.App.4th at p. 15...

Excerpt: ... (collectively “Plaintiffs”). Wyatt describes himself as an independent contractor who suffered severe electrical shock after he reset a breaker on a dangerously defective electrical panel. Plaintiffs fault Fire Industries and others for their injuries. Fire Industries' cross‐complaint contains causes of action for equitable indemnity, contribution and “apportionment of fault.” Fire Industries identified KW as Roe CrossDefendant No. 2. ...

Excerpt: ...n order compelling further responses to special interrogatories and document requests is GRANTED in part and DENIED in part. Overview In a prior discovery order, the court summarized the action as follows: “Mastagni is suing Defendant Ellis Law Group, LLP ('Ellis' or 'Defendant') for breach of contract. Mastagni's key allegations are: Plaintiff and Defendant associated as co‐counsel in connection with a workers compensation cl...

Excerpt: ... allegations of unfair competition. The trial date is 6/17/19, and the last day to notice a motion for summary judgment is 3/01/19. (See Reply at 1:8‐9.) On 6/22/18, Defendants served notices of Plaintiffs' depositions, and the depositions were to take place at defense counsel's San Francisco offices on 7/16/18 and 7/17/18, respectively. (See Julian Decl., ¶ 5 & Exhs. 1‐2.) Plaintiffs did not serve written objections. (Id., ¶ 5.) After defe...

Excerpt: ...f issues is DENIED. DGS' counsel, Bart E. Hightower, is advised in the future not to file or lodge volumes of exhibits without exhibit tabs that protrude from the bottom of the exhibits. (CRC 3.1110(f)(3).) Overview This case presents an employment dispute. The plaintiff is Terry Bailey (“Bailey” or “Plaintiff”). Bailey identifies as African‐American and homosexual. (First Am. Compl. (FAC), ¶ 14.) Bailey has served DGS as a custodian s...

Excerpt: ...in part. On November 19, 2018, Defendant filed the instant “Renewed” Motion for Summary Adjudication. Defendant's Notice of Motion states that this “Renewed” Motion for Summary Adjudication is filed pursuant to Code of Civil Procedure § 437c(f)(2) and § 1008(b). Legal Standards “[A] party is prohibited from making, and the trial court from granting, a motion for reconsideration unless the requirements of [Code of Civil Procedure] sect...

Excerpt: ...and special interrogatories on 1/26/2018 and the latter subsequently obtained an extension which expired on 3/30/2018. Unverified responses to the interrogatories were served on 9/28/2018 and verified responses were served on 11/5/2018. On 12/6/2018 plaintiff sent a meet‐and‐confer letter which by its own terms was limited to the fact that defendant's responses impermissibly included objections which were previously waived by virtue of defend...

Excerpt: ...n matters. *** Defendant Nationwide Mutual Insurance Company's (“NMI”) motion to compel plaintiff Starks' further responses to Special Interrogatories and Form Interrogatory 17.1 is GRANTED IN PART and DENIED IN PART, 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 opposing counsel and advise him/her of Local Rule 1.06 and th...

Excerpt: ...ng Papers. Defendants insist that in light of their express admission of liability for the subject accident and defendant Turner's “complete lack of knowledge or information whatsoever with respect to plaintiff's claimed damages,” there is no legitimate reason for plaintiff to persist in her efforts to depose defendant Turner and going so far as to subpoena him. According to defendants, their admission of liability “renders moot all issues ...

Excerpt: ...33.280(c).) The court acknowledges plaintiff's contention that some of defendant C4 Connections, LLC's responses to the requests for admissions fail to indicate a “reasonably inquiry” was made but this failure alone does not warrant an order deeming the admissions admitted and notably, plaintiff here has not filed a motion to compel further responses pursuant to Code of Civil Procedure §2033.290 in which he could have challenged this alleged...

Excerpt: ... his complaint on 6/12/2017, and a first amended complaint on 10/22/2018. Plaintiff alleges that he joined the basketball team in September 2015. During practice, at huddles and conferences on the basketball court, Kayden N. and defendant coach Stephen Bunch (“Bunch”) would not only, condone, encourage, and allow, but actually also authorize, encourage, and "join in on", and openly engage in such sexual banter. He alleges that on Febr...

Excerpt: ...Buchanan), Michael Eyolfson, M.D. (Dr. Eyolfson), Michael Suk, R.N. (Nurse Suk), Vincent Lee, M.D. (Dr. Lee), David Keene, M.D., Kaiser Foundation Health Plan, Inc., The Permanente Medical Group, Inc. and Kaiser Foundation Hospitals (collectively “Defendants”) to the first amended complaint (FAC) is SUSTAINED in part and OVERRULED in part. Defendants' request for judicial notice filed with the moving papers is GRANTED. On its own motion, the ...

Excerpt: ...tions to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Sutter Valley Medical Foundation's (“SVMF”) motion for summary judgment/adjudication is ruled on as follows. The court notes SVMF lodged conditionally under seal several documents offered in support of this motion...

Excerpt: ... is granted. Mr. Riley's objections to the City evidence are ruled upon as follows: overruled. City's objections to plaintiff's evidence are ruled upon as follows: Riley Dec. ‐ overruled as to Nos. 1, 5, 6, 7, 9, 10, 12, 13 Exh. D ; sustained Nos. 2, 3, 4, 8, 11; Brown Dec. ‐ overruled 16, 18, 20, 22; sustained 14, 15, 17, 19, 21; Howell Dec. ‐ overruled 23, 25; sustained 24. Plaintiff Mr. Riley sued City and two of its employees alleging v...

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 Dignity Health dba Mercy Hospital Folsom's (“Defendant”) motion for summary judgment, or in the alternative summary adjudication is ruled upon as follows. Defendant's request for judicial notice is granted. I. Overview This is an employment action. Plaintiff Aundr...

Excerpt: ... Plaintiffs filed this action on 1/8/2014. They were initially represented by the Poswall, White & Cutler law firm (“PWC”). On 7/29/2015, PWC substituted out and Nancy Hersh (“Hersh”) substituted in. On 8/25/2017, the Court granted Plaintiffs' motion to continue trial based on the parties' stipulation. (Declaration of Adam Hale (“Hale Decl.”), Exs. B, C.) The 9/25/2017 trial date was vacated and the parties were referred back to the T...

Excerpt: ...arks' motion to quash deposition subpoenas is ruled upon as follows. This is a putative class action for race and sex discrimination, failure to prevent and various violation of the Labor Code, including failure to pay overtime. Defendant Nationwide Mutual Insurance Co. served subpoenas which can be split into two categories: 1. Teaching Position(s): subpoenas to the Davis School of Realty (“DSR”) and Superior School of Real Estate (“SS...

Excerpt: ...ited oral argument is permitted on law and motion matters. *** Plaintiff/Cross‐Defendant Creditors Adjustment Bureau, Inc.'s (“CAB”) demurrer to Defendants/Cross‐Complainants Advance Care for Seniors LLC and Advance Care for Seniors, LLC's (“ACS”) cross‐complaint (“XC”) is ruled upon as follows. The Court did not consider the declarations of Brian L. Mitteldorf and Melissa Klopstock which are attached as exhibits to the declarat...

Excerpt: ...to plaintiff on 11/26/2018 but received no response and a subsequent telephone call to plaintiff was made on 12/3/2018, to which no response was received. First, Code of Civil Procedure §430.41(a) specifies that the demurring parties shall meet‐and‐confer “in person or by telephone” with the party filing the pleading that is the subject of the demurrer. Thus, merely sending a letter to plaintiff does not satisfy the express statutory req...

Excerpt: ...ws. Factual Background This action arises out of two loans, the first in November 2017 for $450,000 relating to property on 48th Street in Sacramento (“November Note”) and the second in December 2017 for $410,000 relating to property on Walnut Avenue in Sacramento (“December Note”). According to the exhibits attached to the operative First Amended Complaint (“1AC”), it appears loans were made by AAJV to VPP with Johnny and Africa each...

Excerpt: ...l is directed to review the Local Rules, effective 1/1/2019. Factual Background In June 2018 plaintiff obtained in Ohio a money judgment of over $145,000 against defendants and thereafter obtained entry of a sister state judgment here in California. Defendants now move pursuant to Code of Civil Procedure §1710.40 to vacate the entry of this sister state judgment or alternatively, pursuant to §1710.50 for a stay of enforcement of the sister stat...

Excerpt: ...se 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. This is a collection matter. Defendant now moves pursuant to Code of Civil Procedure §473(b) to set aside the default entered on 3/9/2018 a...

Excerpt: ...for defamation along with one for intentional infliction of emotional distress (“IIED”). Plaintiff is a physician whose hospital privileges were in 2014 suspended by defendant Dignity Health in response to allegations by various hospital employees. He alleges that when they learned plaintiff might be regain his privileges, certain employees “falsely and maliciously” reported to the FBI on or about 4/5/2016 that he had made threats against...

Excerpt: ...018, 12/28/2018 and 1/2/2019 notices relating to plaintiff Daniel Gonzalez's status as a vexatious litigant subject to a prefiling order which prohibits him from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Code of Civil Procedure §391.7(c) provides in its entirety: (c) The clerk may not...

Excerpt: ...( American Indian Health & Services Corp. (2018) 24 Cal.App.5th 772). For present purposes, it is sufficient to note the following. Petitioners are 23 federally‐qualified health centers (FQHCs) or rural health clinics (RHCs) providing adult dental, chiropractic and podiatric services to Medi‐Cal patients. The Department reimbursed them for such services until July 1, 2009, when Welfare and Institutions Code section 14131.10 went into effect. ...

Excerpt: ...ri Aguilar (“Lori”)(collectively “Plaintiffs”). On 2/29/2016, Jose was stopped in traffic when he was rear‐ended by Defendants' bus, causing Jose's vehicle to collide with the vehicle in front of it. Plaintiffs allege that Jose “was hurt and injured in his health, strength and activity, sustaining injuries to his body and shock and injury to his nervous system and person, all of which said injuries have caused and continue to cause Pl...

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 PDQ Automatic Transmission Parts, Inc.'s (“PDQ”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. 1. Overview This action arises from a motor vehicle accident which resulted in the death of two pe...

Excerpt: ...Signature Stock Transfer's (“SST”) demurrer to Defendant/CrossComplainant in pro per Kenneth Maciora's (“Maciora”) Cross‐Complaint (“XC”) is ruled upon as follows. Overview This case presents a multi‐party business dispute. Plaintiff MyECheck, Inc. ("MEC") alleges its former CEO, defendant Zalunardo, falsified an employment agreement purportedly entitling him to MEC shares and that he purported to transfer these shares to ...

Excerpt: ...fendant DiTech Financial, LLC's demurrer to Plaintiff Paulette Hacker's complaint is ruled upon as follows. Defendant's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal....

Excerpt: ...g Memorandum of Points and Authorities, DGS characterizes the current motion as follows: This is DGS's second summary judgment motion brought on grounds of design immunity under Government Code section 830.6. The Court denied the first motion finding DGS did not meet its initial burden of proof by attempting to establish facts through judicial notice. The order did not state the denial was with prejudice. DGS now submits a second motion based...

Excerpt: ...ears proper on its face. (Foothill‐ De Anza Community College Dist. v. Emerich (2007) 158 Cal.App.4th 11, 29‐30.) "If so, the burden is on the objecting party to show [the costs] to be unnecessary or unreasonable." (Id. [quoting Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131] [brackets in original].) Where costs are not expressly allowed by the statute, the burden is on the party claiming the costs to show that the charges were rea...

Excerpt: ...32, 1033.5 and 2033.420 is GRANTED in part and DENIED in part. On its own motion, the court takes judicial notice of 99 Cents' 11/28/18 Moving Memorandum of Points and Authorities in support of its motion for summary judgment. The Clerk of the Court is directed to change the security clearance on the Declaration of James Pagliero filed on 11/28/18 so that it is not available for public viewing. The declaration contains unredacted social security ...

Excerpt: ...e request for a 60‐day continuance to permit discovery is DENIED. Defendants and opposing parties herein Raymond Sahadeo (Sahadeo) and Dhanraj Sahadeo (Dhanraj) (collectively “Defendants”) speculate that discovery in a different case might yield favorable information about the real property transfers that gave rise to this lawsuit. (See Opp. at 11:15‐12:11.) Given the speculative nature of the request, and given the waste Defendants appea...

Excerpt: ...tten and that a copy of the agreement is attached to the complaint. The attachment, however, is a 1992 memorandum providing that Chua will receive $30,000 of Ganal's life insurance proceeds should he die. The attachment directs Ganal's wife to pay the $30,000 in life insurance proceeds. It also provides that Chua “has control over all personal properties inside [Ganal's] house.” Ganal asserts that he is alive and, therefore, that a condition ...