Excerpt: ...nc. dba Citrus Home's (“Citrus Home”) demurrer to Plaintiff Kara Hagstrom's complaint is ruled upon as follows. 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”), by and through her Guardian Ad Litem, Wesley Hagstrom. Citrus Home is an intermediate care/developmentally disabled nursing facility. Kara is a b...

Excerpt: ... M.D., Inc. (collectively "Taylor"). However, Taylor continues to claim the use of the “Health Care for Women” name when identifying her private practice, and continues to claim she represents and is authorized to act for “Health Care for Women.” Wellspace further alleges that Taylor wrongfully directed the US Postal Service ("USPS") to forward all mail addressed to “Health Care for Women” at 7601 Hospital Drive (Wells...

Excerpt: ...utter Health Sacramento Sierra Region dba Sutter Auburn Faith Hospital's (“Sutter”) demurrer to Plaintiffs Ronald and Rosemary Dougherty's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an action for medical malpractice, survival and wrongful death of decedent Stephen Dougherty (“Stephen”). Plaintiffs are Stephen's biological parents. They allege that they are entitled to Stephen's property “under the law...

Excerpt: ...sed on a model protective order used in the Los Angeles County Superior Court. GML has revised the model version to bar disclosure to experts who are currently employed by its competitors. Because the protective order allows a party to challenge designations, it does not improperly delegate the determination of trade secrets to the parties. (Compare Stadish v. Superior Court (1999) 71 Cal.App.4th 1130, 1139, 1144, 1146‐ 1147.) The court notes t...

Excerpt: ...alifornia and California Horse Racing Board (Board) and Board of Stewards (Stewards) (collectively “Defendants”) to the FAC is SUSTAINED in part and OVERRULED in part. Defendants' request for judicial notice is GRANTED. In its discretion, the court has considered Plaintiff George L. Luster's (Luster) opposition notwithstanding any untimeliness. Future failures to comply with statutory deadlines, however, could result in adverse rulings. Overv...

Excerpt: ...laint (FACC), the court summarized the action as follows: In 2004 FEOC was awarded a grant from Parks to construct a Neighborhood Youth Center (“NYC”) consisting of a gymnasium and an administration building. A contract memorializing the terms of the grant was executed in 2005. The City of Fresno (“City”) subsequently approached FEOC about selling the gymnasium, which FEOC maintains was constructed with none of the grant's proceeds. In 20...

Excerpt: ...er's is directed to review Local Rule 1.06 and provide the requisite language regarding the court's tentative ruling procedure in all notices of motions and applications. This court is not persuaded that any of the conduct attributed to defendant or its attorney (e.g., declining to sign and return the Notice and Acknowledgement of Receipt of Summons & Complaint; failing to timely respond to the original complaint; and filing a demurrer to both or...

Excerpt: ...rties have informed the Court that Mr. Komski has passed away. Mr. Komski alleged his status in the present action as the Master of the California State Grange, and as a de facto director of Foundation. Mr. Skinner's declaration states that “[t]he California State Grange may seek to substitute one or more other individuals into this action in place of Mr. Komski.” (Skinner Dec., 1:23‐24.) The case record does not indicate that any steps hav...

Excerpt: ...nalysis, the court acknowledges two intervening matters that arose after the motion was filed and impact its resolution in part. On November 30, 2018, the Court sustained Foundation's Motion for Judgment on the Pleadings as to the Plaintiffs' Third and Fourth causes of action, so those causes of action are no longer at issue on this motion. And, Mr. Komski passed away on November 12, 2018, and the Court is not aware of any record action at presen...

Excerpt: ...ggrieved employees alleges that Vivint violated various Labor Codes and Wage Orders. Plaintiff asserts a single cause of action for Violation of the Private Attorneys General Act (Labor Code §2698, et seq.) Plaintiff seeks to recover civil penalties pursuant to Labor Code §§ 2698‐2699.5. (Complaint, ¶¶ 35‐37.) In his prayer for relief, Plaintiff requests “civil penalties according to proof, including but not limited to the amount of an...

Excerpt: ...endants did not file a separate opposition to this motion, their opposition to the other pending motion to compel by plaintiff addresses in part matters which are relevant to this motion as well and thus, the court construes defendants' singular opposition to the other pending motion as an opposition to both of these motions brought by plaintiff. This is a wage‐and‐hour case brought by a single plaintiff. According to the moving papers, plain...

Excerpt: ...man who worked as an information systems manager at UC Davis Medical Center (“UC Davis”). She alleges that UC Davis engages in racial discrimination (disparate treatment) in the way the employees were promoted and in the way IT work was assigned. She alleges that she was retaliated against for making complaints regarding racial discrimination. Plaintiff began her employment in December 2011. She was terminated from her position on September 1...

Excerpt: ...�game purchases of deceptively marketed in‐game items in Defendant's immensely popular games Overwatch and Hearthstone. The complaint concerns Defendant's “unfair and deceptive marketing of ‘Packs' for purchase by Hearthstone users, and of "Loot Boxes" for Overwatch users. Packs and Loot Boxes are virtually identical except in name. They both contain virtual items for use in the game, and they are purchased with real money. Blizzard...

Excerpt: ...r a stay are DENIED as moot. Defendants' request for judicial notice of court documents is GRANTED. Overview This is a PAGA action under the Labor Code. The representative plaintiff is Ashleigh Phillips‐Armstrong (Plaintiff). Plaintiff filed this action on 8/24/18. She alleges that, between March 2017 and late August 2017, she worked for Defendants at a Chili's Grill & Bar Restaurant in Sacramento. (Compl., ¶ 6.) The complaint contains a singl...

Excerpt: ...llectively “Plaintiffs”). Plaintiffs allege what appears to be an oral agreement that they would acquire title to a residence in exchange for payments to Fisher. Plaintiffs allege the following: 8. Prior to January, 2018, FISHER was the reputed owner of the Residence, but was not on title at that time. 9. In about January 2018, FISHER'S son, Coye Fisher ("Coye"), contacted DUPLECHAN about purchasing the Residence. Coye had previou...

Excerpt: ...h of contract, breach of warranty of habitability, and wages owed. Among other things, Scallin alleges that he was required to perform work on the property to make it habitable, and that he should be compensated for his labor. In June 2018, RRI served Scallin with its first sets of form interrogatories, special interrogatories, requests for admissions and document requests. Scallin's attorney did not timely object. In late July 2018, Scallin serv...

Excerpt: ...or Ridgestone Apartments, to the amended complaint filed on 10/30/18 is OVERRULED in part and SUSTAINED in part without leave to amend. Logos' further request for an order transferring this matter to the court's small claims division is DENIED. Plaintiff Kent Taylor's (Taylor) request for a continuance is DENIED. Although Taylor filed an extensive opposition on 1/04/19, he argues that an automobile collision on 12/20/18 caused him head trauma tha...

Excerpt: ...on 9/1/2017. The caption on all filings should be identical to the original complaint regardless of the fact that some parties have been dismissed or added and/or that their true names have been subsequently discovered. Factual Background Plaintiffs allege that in October 2016 contractors hired by the City of Sacramento (“City”) trespassed onto plaintiffs' property and wrongfully and unnecessarily denuded a number of trees without notice or c...

Excerpt: .... Trial is currently set to commence on 3/11/2019. Defendant avers that around the end of October 2018, it discovered that it inadvertently failed to include this affirmative defense in its November 2016 answer to complaint (despite the fact defendant had raised this same defense by demurrer in August 2016 and reasserting it in subsequent motions for summary judgment). Contending that plaintiffs have long been aware of defendant's theory this cas...

Excerpt: ...ce which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant/cross‐complainant Martinez's motion for summary judgment/adjudication on plaintiff's complaint is ruled on as follows. 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 counsel is directed to review the Local Rules, ...

Excerpt: ...itted 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 overcome the deficiencies noted below. *** Defendants Samuel Merritt University (“SMU”), Sutter Health (“Sutter”) and Isaac Bristow's (“Bristow”) (collectively “Defendants”) demurrer to the Third Amend...

Excerpt: ...for the sale of illegal drugs, prostitution and public sex acts, and has become a haven for homeless people. Plaintiff also alleges that there has been an increase in burglary and theft. Plaintiff brings the complaint using the pseudonym “John Doe” because he wishes to maintain his privacy and has a fear for his safety. Plaintiff alleges that he lives in close proximity to the defendants and the property. Defendant moves to strike the complai...

Excerpt: ...alite's Employee Personnel Manual. Plaintiff does not dispute whether there is a valid arbitration agreement. Rather, Plaintiff insists that the arbitration agreement is unconscionable. Legal Standard The party seeking to compel arbitration bears the burden of proving the existence of a valid arbitration agreement. (Engalla v. Permanente Medical Group (1997) 15 Cal.4th 951, 972.) "Once that burden is satisfied, the party opposing arbitration ...

Excerpt: ...ors. The Association commenced this lawsuit based on allegations that, in violation of the community's CC&Rs, Thompson was “refus[ing] to park his car in the garage and … [was] allowing two males under 45 years of age to reside at his home[.] (See Compl., ¶ 17.) On 7/10/18, the court entered default judgment against Thompson. The judgment includes monetary relief of approximately $8,000. It also enjoins Thompson to: (a) Comply with the Decla...

Excerpt: ...tion by the court. The court has received the parties' joint statement and now rules as follows. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background In this elder abuse/wrongful death action, defendants have issued a records subpoena to CRM seeking “Any and all documents (lease, complaints, information re cockroach infestation, documents from or to and/or correspondence from/to Adult Protective Services, communi...

Excerpt: ...n 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 overcome the deficiencies noted below. *** The court notes that the caption page for all papers filed in this case should reflect the caption of the original complaint filed on 2/1/2018 regardless of the fact that the name of one of the plaintiffs has subsequently changed. Factual Background...

Excerpt: ...ction arises from a dispute relating to the control of a restaurant owned by OSI on Natomas Crossing Drive. Moving Papers. Ming claims to be the sole shareholder, officer and director of OSI following his brother Kenny's sale of his 50% stock interest in OSI back in 2008 but curiously, Ming concedes corporate records continue to reflect Kenny's “50% ownership” in OSI even after the sale. Plaintiffs now seek to enjoin Kenny from (1) representi...

Excerpt: ...tal, LLC's (Ascentium) reply. If Defendants Buttles Custom AG, LLC (Buttles Custom), Lindsay Buttles and/or Jacob Buttles (collectively “Defendants”) wish to file a sur‐reply to confront Ascentium's new evidence, then their counsel shall request oral argument and propose a reasonable continuance at the time of hearing. *** Ascentium's motion for summary judgment is GRANTED. Overview This is an action on a commercial loan agreement and relat...

Excerpt: ...he hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendants One Call Medical, Inc. (NJ), dba One Call Care Management; Zonecare USA of Delray, LLC (FL), dba One Call Care Transport + Translate's (collectively “One Call”) motion for summary judgment is ruled upon as follows. Overview Plaintiff Tyrone Shacklefoot filed this...

Excerpt: ...e wished to purchase were on sale, when they were not. Macy's allegedly placed two clothing racks next to one another and displayed a "40% off" sign on one of the racks such that a reasonable consumer would have believed the merchandise on both racks was on sale. When he purchased shorts on the rack furthest from the on‐sale sign, he learned that he would have to pay the full price, which he paid. Stout alleges that other shoppers w...

Excerpt: ...al, Inc. and Paul D. Frank's (collectively “Defendants”) demurrer to Plaintiff La Jolla Cove Investors (“LJCI”) and Golden State Equity Investors, Inc.'s (“GSEI”) (collectively “Plaintiffs”) Second Amended Complaint (“SAC”) is ruled upon as follows. Overview In this action, Plaintiffs allege that they provide capital to real estate developers and businesses. In November 2013, LCJI loaned approximately $2.8 million to a borrowe...

Excerpt: ...dicial notice of court documents filed in this case is GRANTED. Plaintiffs' request for judicial notice of a complaint filed in another case is DENIED as irrelevant. Factual / Procedural Background This dispute over real property ended with a motion granting summary judgment in Galletta's favor. (See Galletta Decl., Exh. 2 [Ruling of 7/10/18]; Judgment of 8/15/18.) The plaintiffs are 6492 Florin Perkins Road LLC (the “Company”), Miguel Rodrig...

Excerpt: ... the appointment of a receiver pursuant to a stipulation for entry of judgment ("Stipulation") is GRANTED. The appointment of a receiver after a judgment to carry the judgment into effect is authorized by Code Civ. Proc. § 564(b)(3). The Court may appoint a receiver to enforce the judgment when the judgment creditor shows that considering the interests of both the judgment creditor and the judgment debtor, the appointment of a receiver i...

Excerpt: ...Ray (1993) 16 Cal.App.4th 193, 198‐199 [documents other than the Statement of Damages under CCP § 425.11 do not provide valid, constructive notice of damages sought for purposes of default judgment].) Consequently, and subject to arguments at the time of hearing, the court intends to modify the judgment by reducing damages from $1,265,997 to $1,024,000. Defendant and Judgment Creditor Raghvendra Singh's (Singh) motion to set aside default, def...

Excerpt: ...nts were required to file a meet and confer declaration with their motion pursuant to CCP § 435.5(a)(3), and have done so. The Court now rules as follows. The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter that is properly subject to judicial notice. (Code Civ. Proc. § 437.) As with demurrers, motions to strike are disfavored. "The policy of the law is to construe pleadings 'liberally...

Excerpt: .../29/2018 defendant Krivacic, described as the Box Office Manager at the Golden One Center, “reached the arbitrary, irrational conclusion that [plaintiff]…was scalping Sacramento Kings tickets” and then made a false statement to his staff (and possibly others) about plaintiff “scalping” Sacramento Kings tickets. The 1AC adds that in a 2017 lawsuit plaintiff made essentially the same allegation against defendant Krivacic, who was in 2015 ...

Excerpt: ...s, intentional interference with prospective and economic advantage, and unfair competition. PEM alleges that after having their employment with PEM terminated, defendants Varner, Granados, Lucia and Garcia breached their confidentiality agreement with PEM by soliciting PEM's customers and inducing them to enter into residential mortgage agreements with AMEC. According to the moving papers, AMEC has now agreed to settle the claims asserted by PEM...

Excerpt: ...emurrer to the complaint is SUSTAINED IN PART and OVERRULED IN PART, with leave to amend, as follows. Defendant's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Defendant's counsel is reminded that the meet‐and‐confer requirements of Code of Civil Procedure §430.41 are not optional and s/he must comply with the statutory meet ‐and‐confer requirements before filing a demurrer including but not limited to “identify [ing] all ...

Excerpt: ...urance Company of Wisconsin's demurrer to pro per Plaintiff Sirree Wyatt's first amended complaint (“FAC”) is ruled upon as follows. This is a breach of contract and bad faith action. Plaintiff alleges his car was stolen during the policy period, but Defendant denied Plaintiff's claim. Plaintiff alleges that on March 13, 2017, he appeared for a deposition with his counsel. Defendant's representative did not appear because she believed the dep...

Excerpt: ...onsolidated wage‐and‐hour putative class action. Andrea Spears (“Spears”) and Tomas R. Arana (“Arana”) (collectively “Plaintiffs”) are the named plaintiffs. Defendant Health Net of California, Inc. (“HNCA” or “Defendant”) is the moving party seeking summary adjudication here. Plaintiffs allegedly served as hourly, non‐exempt employees in HNCA call centers. Arana allegedly was promoted to a salaried, exempt position in or...

Excerpt: ...rated by her father, co‐plaintiff Serget Kalinovskiy. Defendant Gurwinder Singhrana (“Singhrana”) was also operating a tractor and trailer rig. Plaintiffs allege that Singhrana and co‐defendant Ranu Bros Transport, Inc. (“RBT”) owned/operated the rig. Plaintiffs allege that Singhrana collided with the rig in which Victoria was a passenger, causing her death. Yelena alleges that she has sustained a “loss of love, companionship, comfo...

Excerpt: ...Both moving and opposing parties failed to comply with CRC Rule 3.1110(b)(3)‐(4). Both the moving and reply memoranda fail to comply with CRC Rule 3.1113(d)‐(e) but they were nevertheless considered. Plaintiffs' “Objections to Defendants' Motion” are overruled. To the extent these are construed as objections to defendants' evidence, the court notes that many are not actually directed at “evidence.” Plaintiffs' objections to the “new...

Excerpt: ... CSAA Insurance Exchange's (CSAA) medical expert is GRANTED in part and DENIED in part as follows: Burks and CSAA are involved in an underinsured motorist arbitration. CSAA retained Mark Hambly, M.D. (Dr. Hambly), a spinal surgeon, to testify about Burke's injuries, pre‐existing conditions, causation, treatment and prognosis. When CSAA disclosed Dr. Hambly as its medical expert, it asserted that “Dr. Hambly's rate for deposition is $1,000 an ...

Excerpt: ... DROPPED in part as moot. Dr. Klaisle's further motion for an order compelling a further written response to Document Request No. 19 is GRANTED. Background Facts/Procedure The court previously summarized this lawsuit as follows: This case presents a business dispute. The plaintiffs are Dr. Klaisle, M.D. and Deborah Klaisle M.D., a Professional Corporation… . The business in question is a “medical marijuana evaluations practice” (Practice). ...

Excerpt: ...*** Cross‐defendant Department of Parks & Recreation's (“Parks”) demurrer to the First Amended Cross‐ Complaint (“1ACC”) of Fresno County Economic Opportunities Commission (“FEOC”) is SUSTAINED with leave to amend, as follows. Factual Background In 2004 FEOC was awarded a grant from Parks to construct a Neighborhood Youth Center (“NYC”) consisting of a gymnasium and an administration building. A contract memorializing the term...

Excerpt: ...mons and complaint and had no notice of this lawsuit until 7/28/2018, when she received plaintiff's application to renew the judgment against her. Specifically, defendant claims that personal service of the summons and complaint on the date listed in the proof of service did not occur because (1) the physical description found in the proof of service (35 year old female with brown hair, 5 feet 7 inches tall and 160 pounds) does not match defendan...

Excerpt: ...ed to comply with CRC Rule 3.1110(b)(4). The court notes that plaintiffs paid only one $60 filing fee in connection with this motion, although it seeks at least two (2) different orders (i.e., to compel compliance with prior order and to permit deposition after discovery cutoff). A separate filing fee is required for each. (Gov. Code §70617(f).) This lawsuit arises from a business transaction whereby plaintiffs purchased for $1.5 million the ass...

Excerpt: ...ation and began receiving injections in his eyes. He alleges that [CPCC] compounded the injected drug‐‐Bevacizumab‐‐and sold it to [codefendant] Vitreo, which administered the injections. Bevacizumab is an “off label use of Avastin.” [Citation.] According to Gelso, he received an injection from a syringe that CPCC supplied and that was contaminated with silicone. The contamination allegedly damaged his vision. He alleges Vitreo knew a...

Excerpt: ...ant Perdue Foods, LLC's demurrer to Plaintiffs Esther Fay Suckle as Trustee of the Suckle 1999 Living Trust, et al.'s Complaint is ruled upon as follows. Overview This is an action for breach of a purchase and sale agreement (“PSA”) between Defendant and Plaintiffs over the Defendant's use of groundwater. Plaintiffs allege that in May 2011, Defendant's affiliate called “Petaluma Acquisition, LLC” (“Petaluma”) entered into a lease agre...

Excerpt: ...oss‐ Petition to Correct or Vacate the Arbitration Award are ruled upon as follows. 1. Overview This is an action for fraud, negligent misrepresentation, negligent/intentional breach of fiduciary duty, breach of contract of the Amended and Restated Buy‐Sell Agreement, breach of contract of the Amended and Restated Shareholder Employment Agreement, breach of implied covenant of good faith and fair dealing, common count, and accounting Applebla...

Excerpt: ...nostic & Solutions, Inc. (Advanced Pain) (collectively “Defendants”) is SUSTAINED in part and OVERRULED in part. Overview This case encompasses employment disputes and a dispute between a patient and healthcare providers. The plaintiffs are Joanne Davis (Davis), Mariah Florez (Florez) and Mary Tovar (Tovar) (collectively “Plaintiffs”). Davis alleges that Defendants, as well as Co‐Defendant Derrick Mullin, R.N. (Mullin), provided her wit...

Excerpt: ...Pacific) is OVERRULED. Overview This case presents an employment dispute. The plaintiff and former employee is Nazareth Howard III (Howard), who is African‐American. Pacific is the defending employer. In the first amended complaint (FAC), Howard alleges that a fellow employee “called [him] a stupid ‘N‐word'” after he asked for assistance while learning to cut fish. (FAC, ¶¶ 10, 11.) Howard further alleges that he informed Human Resour...

Excerpt: ...laintiffs are Mina Habal (Habal) and Rona Ayub (Ayub) (collectively “Plaintiffs”). Plaintiffs contend that the vehicle Habal was driving was struck from behind on the freeway. Ayub was Habal's passenger. Both Plaintiffs allege physical and emotional injuries. In their original, Judicial Council form complaint filed in October 2016, Plaintiffs only named Nathan G. Levinson (Levinson) as a defendant. Plaintiffs alleged that Levinson was liable ...

Excerpt: ...of ruling on this motion but is then reinstated to continue in effect until the arbitrator's filing of a statement of decision. Defendants' Evidentiary Objections to the Declaration of Malanga are sustained. This is a construction defect cause brought by a number of homeowner plaintiffs. Plaintiffs Willie and Robin Bailey (“Baileys”) are original purchasers while the remaining plaintiffs are subsequent purchasers. Plaintiffs filed thi...

Excerpt: ...laintiff was involved in a motor vehicle accident which resulted, in part, on his left leg being amputated. In his November 2016 discovery responses, Plaintiff asserted that he has been unable to use the prosthesis due to his back injury. Assuming that his back injury improves, Plaintiff contends that he will have to be refitted for another prosthesis in the future, which costs approximately $45,000. On 6/12/2018, the Court granted, in part, and ...

Excerpt: ...reement. (Engalla v. Permanente Medical Group (1997) 15 Cal.4th 951, 972.) "Once that burden is satisfied, the party opposing arbitration must prove by a preponderance of the evidence any defense to the petition.” (Sparks v. Vista Del Mar Child and Family Svcs. (2012) 207 Cal.App.4th 1511, 1517.) 2. Analysis Defendant moves to compel arbitration pursuant to the Mutual Arbitration Agreement (“Agreement”) which Plaintiff signed when she b...

Excerpt: ...thout prejudice. The motion is premature and is more appropriately addressed to the trial court as a motion in limine. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(A). Morrison's counsel is directed to contact Plaintiffs' counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Morrison's counsel is unable to contact Plaintiffs' co...

Excerpt: ...e Attorneys General Act (“PAGA”) claims. Defendants move on the grounds that (1) Plaintiff's individual claims are subject to final and binding arbitration pursuant to a valid and enforceable agreement between the parties to arbitrate; and (2) Plaintiff's purported representative PAGA claims are expressly prohibited pursuant to a valid and enforceable representative action waiver between the parties. In the alternative, if the Court finds the...

Excerpt: ...nts allege that the third cause of action is based on managerial actions that do not constitute harassment as a matter of law, and the claim does not allege sufficient facts demonstrating the harassment was severe and pervasive. Defendants' motion is ruled upon as follows. Plaintiff's TAC was filed on June 21, 2018, and alleges causes of action for disability discrimination, failure to accommodate, and harassment. Factual Background This case is ...

Excerpt: ...c). Factual Background This action arises from the marital dissolution proceedings between plaintiff and his wife. Plaintiff, a licensed attorney, for the most part represented himself while his wife was primarily represented by defendant DeCuir. It appears the dissolution proceedings in El Dorado County were rather contentious in numerous respects. Plaintiff's complaint filed on 3/5/2018 purported to allege against DeCuir only causes of action f...

Excerpt: ...on the ground there was no valid service of summons and complaint. More specifically, defendant claims he did not reside at the address where the substituted service was allegedly made and that he never received actual notice of this lawsuit until he received notice of the judgment's renewal, which had been mailed to his mother's house. Analysis. At the outset, the court notes that although the filing of a proof of service may give rise to a “p...

Excerpt: ...“City”) demurrer to the First Cause of Action of the First Amended Complaint (“1AC”) is OVERRULED, as follows. Factual Background In this action plaintiff alleges that while she was physically incapacitated by an epileptic seizure and otherwise restrained for transport to the hospital, defendant Evans, a paramedic from the Sacramento Fire Department (“SFD”), made inappropriate remarks about and fondled plaintiff's breasts in the prese...

Excerpt: ...f has served a notice for the deposition of defendant's PMK on 44 topics which correspond to each of defendant's 44 “purported” affirmative defenses. The notice also seeks all documents the “evidence, refer or relate to,” “support” and/or “negate” each of defendant's 44 “purported” affirmative defenses. Defendant now seeks a protective order preventing this PMK deposition from going forward on the ground that the protective or...

Excerpt: ...hinn's demurrer to Plaintiff Edith Montanez'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.App.5th 23, 36‐37 [trial...

Excerpt: ...and Dean Rose's (collectively “Defendants”) demurrer to Plaintiffs Ralph (“Ralph”) and Kirsten Richardson's (collectively “Plaintiffs”) first amended complaint (“FAC”) is ruled upon as follows. Plaintiffs' request for judicial notice is granted. Overview This action involves the sale/purchase of a home. Plaintiffs allege that in early 2013, the entered into an oral agreement wherein Defendants would purchase the property (“Prope...

Excerpt: ... and during her employment, she was exposed to hazardous chemicals on the job. Plaintiffs allege that as a result of her exposure, Seanne developed injuries to her internal organs, including multiple myeloma. Plaintiffs bring causes of action against Grafsolve and multiple other defendants for (1) negligence, (2) failure to warn, (3) design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. Grafsolve...

Excerpt: ...in their role as Plaintiffs' financial advisor, induced them to invest their money in two faulty investments: (1) an oil well project that appears to have been a Ponzi scheme, and (2) the Donnelly Fund, which had already lost all its employees and was under investigation for fraudulent bankruptcy filings when Plaintiffs invested. Plaintiffs allege they lost a large portion of their retirement savings as a result of their faulty investments. As Pl...

Excerpt: ...ed to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Department of State Hospitals (“DSH”), Mark Grabau and Heather Riis' (collectively “Defendants”) motion for summary adjudication of plaintiff's causes of action for disability discrimination and violation of the California Whistleblower Protection Act at Government Code §8547 et seq. (�...

Excerpt: ...ll be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Sacramento City Unified School District, Andrea Nava, Michael Kirkendoll and Yanely Hinojosa's (collectively “Defendants”) motion for summary judgment is ruled upon as follows. In this action, Plaintiffs Ahryah Ward (“Ahryah”), a minor,...

Excerpt: ...* Defendants Lawrence Lee ("Lee") and Equitech, Inc.'s ("Equitech")(collectively "Defendants") demurrer to Plaintiffs' second amended complaint ("SAC") is ruled upon as follows. This is an action for breach of fiduciary duty, fraud, constructive fraud, and conversion. Plaintiffs Robert Tellesen ("Tellesen"), J. Paul Muizelaar ("Muizelaar"), and Vogue Homes, Inc. ("VHI") (collectively...

Excerpt: ...laintiffs allege that Alfadel's relationship with FedEx commenced in 2008 when Alfadel obtained a position managing a FedEx shipping route belonging to a friend. Alfadel began buying FedEx delivery routes through his different corporations. Alfadel owns and operates several Sacramento‐based transportation businesses, including J&J. Plaintiffs allege that "[a] substantial portion, if not all, of Alfadel's revenue is derived from cont...

Excerpt: ... similarly situated as provided by various provisions of the Labor Code pertaining to overtime compensation, rest periods, and so forth. Inter‐State is Plaintiff's former employer. Plaintiff alleges that he was an hourly, nonexempt employee from approximately June 2012 to approximately October 2014. Plaintiff further alleges that Defendant engaged in the various labor violation of California law with regard to him and his fellow employees such ...

Excerpt: ...of contract. On June 4, 2018, the Court sustained the demurer as to the Third and Fourth Causes of Action. In its tentative ruling, the Court noted that while Plaintiff had agreed to withdraw or dismiss the Third Cause of Action for negligent misrepresentation against the Doerings, no dismissal had been filed by the demurrer hearing date; accordingly, the demurrer to the Third Cause of Action was sustained without leave to amend. As to the Fourth...

Excerpt: ...�� existence of a triable issue of material fact. *** Defendant Berry's motion for summary judgment is DENIED because the moving papers failed to satisfy defendant's initial burden under Code of Civil Procedure §437c (p)(2) and even if this initial burden had been met, plaintiff carried her burden of producing evidence sufficient to establish at least one triable issue of material fact which mandates denial of summary judgment as a matter of law...

Excerpt: .... Butalla's CSAA policy provides uninsured motorist coverage. Both Insurance Code § 11580.2 and the policy require Butalla to demand an arbitration to resolve his coverage dispute with CSAA. Background Facts/Procedure In January 2013, Butalla, through his former counsel Joseph Cooper (Cooper), served CSAA with a written demand to arbitrate. (Schultz Decl., ¶ 3.) The demand, which was served by certified mail / return‐receipt requested, expres...

Excerpt: ...damages is GRANTED but with leave to amend, as follows. The opposition papers inexplicably fail to comply with CRC Rule 3.1110(b)(1), (3)‐(4). Factual Background This action arises from a motor vehicle accident alleged to have occurred when defendants' vehicle made an illegal u‐turn directly in front of plaintiff, who asserts that the driver fled the accident scene and either has been or will be convicted of felony hitand‐run. The complaint...

Excerpt: ... law and motion matters. *** *** If oral argument is requested in an attempt to obtain leave to amend, plaintiff 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. *** Defendant Sacramento City Unified School District's (“District”) demurrer to plaintiff Coleman's Fourth Amended Complaint (“4AC”) is SUSTAINED without leave to amend, as follo...

Excerpt: ...ED in part. Wells Fargo's request for judicial notice of court documents, recorded land documents and an agreement cited in the FAC is GRANTED. In taking judicial notice, the court accepts the fact of these documents' existence and the fact of their contents. It does not accept the truth of the contents, including the truth of an amount asserted to be the arrears on a promissory note. (See RJN, Exh. I, pp. 3, 5; See Scott v. JPMorgan Chase Bank, ...

Excerpt: ...case arises indirectly from a dispute between a national fraternal organization (“National Grange”) and individuals formerly operating its subordinate, constituent unit in the State Grange. On April 5, 2013, the National Grange revoked the State Grange's charter and restored it, under new leadership, in July 2014. The revoked State Grange has changed its name to “The California Guild.” (“Guild”). Considerable litigation ensued bef...

Excerpt: ...vehicle operated by defendant Williams and another operated by defendant Erik Gontar but owned by his father, Anatoliy. Trial is currently set to commence on 9/10/2018. Defendant Williams has agreed to pay one‐half of plaintiff's claimed damages, or just over $10,300, in exchange for a release and dismissal. Williams seeks by this motion a good faith determination which would effectively bar Erik and Anatoliy Gontar's respective cross‐complai...

Excerpt: ...malpractice. The Plaintiffs are Sarah Elkington (Sarah) and Erik Elkington (Erik) (collectively “Plaintiffs”). In the FAC, Plaintiffs allege that Defendants and others failed to treat Sarah's ulcerative colitis properly and caused her to suffer serious injuries, including a miscarriage, surgeries and conditions requiring life support. Plaintiffs allege that Erik was Sarah's fiancée, registered domestic partner or husband during the relevant ...

Excerpt: ...ult of authorizing The Public Safety & Rehabilitation Act of 2016 (“Proposition 57”). Proposition 57 added Article I, section 32 to the California Constitution, providing, in relevant part, that any state prison inmate convicted of "a nonviolent felony offense" shall be eligible for parole consideration after completing the full term for the inmate's primary offense. (Cal., Const., art. I, § 32, subd. (a)(1).) Plaintiff claims th...

Excerpt: ...could not with reasonable diligence have been presented to the court at or before the time of the 7/5/2018 orders denying plaintiff's motions to deem admitted and (2) even if he had, these alleged new or different facts or circumstances did not justify a different outcome on the earlier motions to deem admitted. Plaintiff appears to base the present motion for reconsideration on the fact that, despite the court's findings in the 7/5/2018 orders t...

Excerpt: ... documents concerning communications between Ellis Law Group, LLP and Frank Latham regarding the amount of money to be paid as attorneys' fees to Mastagni Holstedt, APC. Although entitled a “motion to compel further responses”, Mastagni is actually seeking to compel Ellis to produce certain items in its privilege log which it contends has been waived as expressed in the Court's 5/23/2018 Order. Ellis appears to have understood the motion as o...

Excerpt: ...t examinations of Plaintiff. The parties agreed that Plaintiff would submit to two psychiatric exams and one physical exam. At issue here is the psychiatric exam by Dr. Jason Roof. Plaintiff agreed to appear on July 26, 2018 for the exam. The parties further stipulated that “[b]ecause the doctors are setting aside time for the examination and testing, they will lose valuable time that can be scheduled for others in the event Plaintiff does not ...

Excerpt: ...ion of issues is DENIED as well. Overview In this personal injury case, Plaintiff Richard Green (Green) is suing the Club on theories of negligence and premises liability. The premises liability cause of action includes counts for negligent ownership, maintenance management and operation; willful failure to guard or warn against a dangerous condition, use, structure or activity under CC § 846; and dangerous condition of public property. Green al...

Excerpt: ... Daniel Yakushchenko. Yakushchenko's complaint against Valaga contains causes of action for general negligence and premises liability. According to Yakushchenko, he was helping Valaga carry branches on Valaga's property and suffered an eye injury. Yakushchenko has admitted smoking marijuana and drinking a beer several hours before he was injured. Valaga deposed Yakushchenko on 6/01/18. With respect to the following questions, Yakushchenko's couns...

Excerpt: ...s granted, it will assign counsel to Defendant Golden Eagle Logistics, Inc. (Golden Eagle), whether or not under a reservation of rights. Progressive appears to have had enough time to determine whether it must defend Golden Eagle and on what terms. * * * * * Progressive's motion for relief from default and default judgment is GRANTED. Overview This case involves allegations that cargo was damaged in transit. The plaintiff and judgment credit...

Excerpt: ...��The pecuniary value of the decedent's society, comfort and protection is recoverable, but mental and emotional distress, including grief and sorrow, are not”].) The motion of Defendants Sy Arden Way, LLC; Syufy Enterprises; SyWest Development LLC; SyWest Holdings, LLC; and Arden Way Hospitality LLC dba Motel 6 Expo Sacramento (sued as Arden Way Hospitality SPE, LLC and Motel 6‐CAL EXPO #4430) (collectively “Defendants”) to enforce s...

Excerpt: ...ong others, a cause of action for failure to pay overtime wages. It also contains a PAGA claim for civil penalties. The document requests currently at issue read: REQUEST FOR PRODUCTION NO. 1: Please produce, in electronic, Microsoft Excel spreadsheet format, all payroll records for the CLASS MEMBERS during the RELEVANT TIME PERIOD with anonymous numerical identifiers to protect privacy interests and the redaction of all personal information incl...

Excerpt: ...��(4). The declaration in opposition was not signed under penalty of perjury under the laws of the State of California, as required by Code of Civil Procedure §2015.5. The proof of service for the opposition papers fail to state the "exact title" of each document being served. Although defendant contends that plaintiffs failed to provide discovery responses pursuant to defendant's earlier motion to compel, it appears that plaintiffs did ...

Excerpt: ...n accordance with Code of Civil Procedure §1290.6 [response to petition to compel arbitration due within 10 days after service of petition] but was nevertheless considered. Although Code of Civil Procedure §1290 et seq. does not expressly permit “reply” briefs such as the one filed by OGS, it was considered. Factual Background This putative class action was filed on 4/17/2018 by plaintiff Wilson, alleging a variety of violations of the Labo...

Excerpt: ...de of Civil Procedure §2033.220. (Code Civ. Proc. §2033.280(c).) (Although the opposition indicates defendant's responses to the requests for admissions "are being filed [sic] concurrently with this Opposition," none appear in the court's file and none are attached to the opposition.) The opposition to this motion was not timely filed but it was nevertheless considered. Plaintiffs' electronic service of the moving papers on ...

Excerpt: ...f seeks damages for (1) past and future physical and mental suffering, (2) loss of enjoyment of life, (3) physical impairment, (4) inconvenience, (5) anxiety, and (6) emotional distress. (Compl. ¶8.) Plaintiff claims injury to various parts of her body, as well as memory loss, confusion, anxiety, irritability, inability to concentrate, insomnia, fatigue, sensitivity to light and noise, forgetfulness, mental fogginess, decreased cognitive ability...

Excerpt: ... “admits that all of the statements of the complaint [] are true,” except defendant states, “I had tried settling multiple times with loan me company.” (ROA 10.) Defendant's answer does not assert any affirmative defenses. On April 9, 2018, plaintiff filed a motion for judgment on the pleadings, arguing that the answer fails to set forth any facts that constitute a defense to the complaint. On May 8, 2018, the Court granted the motion wit...

Excerpt: ...��DOT”) for the real property located at 6008 Westbrook Drive, Citrus Heights, CA. (RJN Ex. 1.) Wells Fargo is the Loan servicer. (Compl. ¶3.) Plaintiffs defaulted on their Loan, and on October 18, 2016, Wells Fargo offered Plaintiffs a trial payment plan (“TPP”) for a modification of their Loan, which required three payments of $712.45. (Compl. ¶5, Ex. 1.) Plaintiffs allege that the TPP required Wells Fargo to establish an escrow account...

Excerpt: ... that Defendant failed to fix the Engine Defects within a reasonable number of attempts or replace the Vehicle. Plaintiff alleges that Defendant's failures to comply with its obligations under the Song‐Beverly Act were willful, and that she is entitled to civil penalties. On December 28, 2017, Plaintiff served Defendant with RFP's (Set 1) and a meet‐andconfer letter regarding Electronically Stored Information (“ESI”). (Gi Decl. Exs. 5, 7....

Excerpt: ...ntract, breach of fiduciary duty, elder financial abuse, and common counts. On December 7, 2016, Vorobets filed a Cross‐ Complaint against Espiritu, alleging two causes of action for (1) breach of contract, and (2) common counts. On January 23, 2018, Espiritu voluntarily dismissed his Complaint without prejudice in its entirety. After some further motion practice related to the dismissal, Espiritu ultimately filed his complaint as a separate ac...

Excerpt: ...ive for certain banned substances after taking a dietary supplement called Dexaprine XR. Defendants' motion for summary judgment is DENIED; their alternative motion for summary adjudication is GRANTED in part, and DENIED in part, as follows. Request for Judicial Notice Defendants' request for judicial notice is unopposed and granted. Plaintiff asks the Court to take judicial notice of three documents: (1) a criminal indictment, (2) a verified com...

Excerpt: ...ion is denied as to the First, Third and Fourth Causes of Action, and is granted as to the Second, as set forth below. Defendant's evidentiary objections are ruled upon as follows: Sustained ‐ 3, 4, 8, 10, 29, and 37; Overruled ‐ 1, 2, 5, 6, 7, 9, 11‐28, 30‐36. This action primarily stems from Plaintiff's disabilities related to his back, and the ongoing employment relationship between Plaintiff and Defendant as they both addressed Plaint...