Excerpt: ...al Masonry Builders, Inc.'s demurrer to Plaintiff Bay Cities Paving & Grading, Inc.'s first amended complaint (“FAC”) is ruled upon as follows. In this action, Plaintiff alleges that it entered into a joint venture (“Bay Cities/Myers JV”) with C.C. Meyers, Inc. (“CCMI”) to bid and construct the Hillcrest Project for CalTrans. The Bay Cities/Myers JV won the bid and entered into a prime contract with CalTrans. Plaintiff and CCMI indivi...

Excerpt: ... in Department 53 instead of Department 54. As a result of the error, defense counsel was not permitted to argue in Department 54 on 10/15/18, and the tentative rulings automatically became the court's orders. In the interests of justice, defense counsel will be permitted to appear for oral argument. The tentative ruling on Plaintiff's motions to strike supplemental witness designation and to quash deposition notice is reprinted below and...

Excerpt: ...ndant the California Grange Foundation's (“Foundation”) motion for judgment on the pleadings is ruled upon as follows. Overview This case arises indirectly from a dispute between a national fraternal organization ("National Grange") and individuals formerly operating its subordinate, constituent unit in plaintiff the California State Grange. On April 5, 2013, the National Grange revoked the State Grange's charter and restored it, ...

Excerpt: ...es that in April 2006, she financed her property which was secured by a Deed of Trust (“DOT”). In early 2018, due to financial hardship, Plaintiff was unable to make timely mortgage payments. She alleges that she contacted “Defendants” for foreclosure alternatives. However, “Defendants” were nonresponsive, nor did they provide a contact for Plaintiff to speak to regarding a loan modification or other foreclosure alternatives. When Pla...

Excerpt: ...trict” or “SCUSD”), Matthew Schlager (“Schlager” or “Asst. Principal Schlager”), Iyuanna Pease and Mirna Perez (collectively “Defendants”) is OVERRULED in part and SUSTAINED in part. The court takes judicial notice of the Claim for Damages (Claim) filed with the District on or about 7/28/17. The document is an official record. Although neither side filed a request for judicial notice of the document, both sides submitted a copy ...

Excerpt: ... (collectively “Defendants”) for summary judgment or, in the alternative, summary adjudication of issues is GRANTED in part and DENIED in part. Defendants' request for judicial notice of the first amended complaint (FAC) is GRANTED. Defendants' objection to Plaintiff Lisa Stellmacher's (Stellmacher) Notice of Errata, which contains pages missing from deposition transcripts cited in the opposition, is OVERRULED. Because Defendants possessed th...

Excerpt: ... ("SPA"). In the First Amended CrossComplaint ("FACC"), Martinez alleges that Alhambra is the one that breached the SPA. Martinez's FACC also alleges that he and Alhambra entered into a written Offer to Compromise Alhambra's known claims against Martinez in exchange for Martinez paying $100,000 to Alhambra. Martinez allegedly paid the $100,000 to Alhambra pursuant to the Offer to Compromise, which Alhambra accepted, and Al...

Excerpt: ...r to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a personal injury action. Plaintiffs Seanne and Steven Villanueva allege that Seanne has worked as a graphic designer for California Professional Firefighters since 1986 and durin...

Excerpt: ...cted 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. Factual Background This action was filed on 6/11/2018 by plaintiff Voogd against SFM, which operates a “Sprouts Farmers Market,” and one of its...

Excerpt: ...ment is permitted on law and motion matters. *** Plaintiffs' motion to compel defendant General Motors' (“GM”) further responses to the former's Request for Production, Set One, is GRANTED IN PART and DENIED IN PART, as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a lemon law case relating to a 2010 Chevrolet Equinox purchased by plaintiffs. The complaint asserts cause...

Excerpt: ... and Willis Ward (the “Wards”) allege that in November and December 2015, Ahryah was subjected to inappropriate and abusive sexual contact by two fellow female students enrolled in the afterschool program at St. Hope Public School #7. On 9/11/2018, the Court granted Defendants' motion for summary judgment. Specifically, the Court found that it was undisputed that Ahryah admitted to a social worker with Child Protective Services that she was n...

Excerpt: ...ant Wells Fargo Bank, N.A.'s (“Defendant”) demurrer to Plaintiff Maureen Singh's (“Plaintiff”) complaint is ruled upon as follows. The Court did not consider Plaintiff's request for judicial notice in ruling on the demurrer. Overview This is a non‐judicial foreclosure action. Plaintiff alleges that in June 2016, she took out a Federal Housing Administration Loan (“FHA Loan”) in the amount of $242,526, which was secured by a Deed...

Excerpt: ... which substantiates her claims that (1) no payment on the TPP was due in February 2018 and (2) she made all the payments required under the TPP, while defendant Wells Fargo Bank (“Bank”) was directed to submit documentary evidence which substantiates its claims that (1) plaintiff's February payment was returned for insufficient funds and (2) plaintiff herself requested to cancel the TPP payment due on March 1st. The court received Bank's sub...

Excerpt: ...otice. Here, Foster served and filed his joinder by mail on October 5, 2018. CCP §473c(a) requires 80 calendar days' notice for a motion for summary judgment served via mail. Thus, only 46 calendar days' notice was provided for Foster's joinder. This is a medical malpractice action. On 5/16/2014, Plaintiff fell at work. She presented to Cohen with complaints of severe left shoulder pain, complaints of left hand/upper arm/elbow pain, complaints o...

Excerpt: ...mericans were constructively discharged and replaced with Hispanics, mostly employees from Mexico. The Court notes that Plaintiff's separate statement does not comply with CRC Rule 3.1345(c). The motion also fails to specifically identify the interrogatories at issue as required by CRC Rule 3.1345(d). However, given that only 2 interrogatories are at issue, the Court will rule on the merits of the motion. At issue are for the following specia...

Excerpt: ...l defendant California Department of Corrections and Rehabilitation's (“CDCR”) further responses to Requests for Production, Set Two (“RFP”), is GRANTED IN PART, as follows. Plaintiff's notice of motion again 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 a...

Excerpt: ...collectively “Defendants) is SUSTAINED with and without leave to amend. Defendants' request for judicial notice of court documents and recorded land documents is DENIED because the documents are not relevant to the court's ruling. Overview This is a nonjudicial foreclosure case. The plaintiff is Yelena Markevich (Markevich). Markevich alleges that she is the debtor on the promissory note, that she is in possession of the property, and that ...

Excerpt: ...) is OVERRULED. Defendants' request for judicial notice of two written contracts referenced in the complaint is GRANTED, but only as to the contracts' existence and terms, not the terms' meanings. Although a court may take judicial notice of documents cited in a pleading, Defendants tender the contracts in part so that the court will construe them in the course of ruling on the demurrer. It is inappropriate for a court to take judicial notice for...

Excerpt: ... 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, communications from APS…, etc.) related to a home rental located at 3420 San Jose Way, Sacramento, CA 95817, during plaintiff[] Evelyn Gurion['s]…residency period (mid 2014).” Moving Papers. Plain...

Excerpt: ...st (collectively “Plaintiffs”). In their complaint filed on 8/08/17, Plaintiffs allege that Elliott and others are responsible for ongoing water damage to their property. The complaint contains causes of action for negligence, “Diversion of Surface and Related Waters,” “Diversion of Waters from Natural Watercourse,” trespass, nuisance and declaratory relief. In its answer, Elliott raised statutes of limitations as a defense, including...

Excerpt: ...arranty Act and the Magnuson‐Moss Warranty Act. The defendant is FCA US, LLC (LCA). Trial is set to commence on 1/29/19. On 8/03/18, the court entered an order directing FCA to produce one or more persons most qualified (PMQ) for deposition on certain topics, as well as to produce documents responsive to requests in the PMQ deposition notice, no later than 8/31/18. (See Oliva Decl., Exh. 4.) The order also directed counsel to meet and confer in...

Excerpt: ...nt General Motors, LLC's demurrer to Plaintiffs James and Christine McMenimen's complaint is ruled upon as follows. Overview This is a lemon law action. Plaintiffs allege that on December 28, 2009, they purchased a 2010 Chevrolet Traverse. Plaintiffs allege that in connection with the purchase, the received an express written warranty, including, “the 3‐year/ 36,000 mile basic bumper‐to‐bumper warranty, a 5‐ year/100,000 mile powertrain...

Excerpt: .../2018 the court partially granted plaintiff MyEcheck, Inc.'s (“MEC”) motion for protective order in connection with defendant Maciora's Requests for Production, Set Four (“RFP”). These RFP sought the production of the “valid and effective” copy of the “UBA contract,” “Tangiers Capital contract,” and “Chicago Ventures contract.” The contracts with these three entities are specifically alleged to be the basis for MEC's cause...

Excerpt: ... court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact plaintiff in pro per and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appea...

Excerpt: ...nses. DGS opposes on several grounds, including that the motion is actually one for further responses and, therefore, is untimely given the 45‐day rule in CCP § 2031.310. That section provides, in relevant part: (a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (...

Excerpt: ... court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact plaintiff in pro per and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appea...

Excerpt: ... in the alternative, summary adjudication of issues is GRANTED in part and DENIED in part. Regents' request for judicial notice of court documents is GRANTED. Overview This case presents an employment dispute. The plaintiff and former employee is Mona G. Flores, M.D. (“Dr. Flores” or “Plaintiff”). Regents is the defending former employer. In the operative first amended complaint (FAC), Dr. Flores alleges: “7. On or around October 1, 201...

Excerpt: ...tion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Plaintiff failed to comply with CRC Rule 3.1110(b)(3)‐(4). The court notes that plaintiff paid only one $60 filing fee in connection with these motions, although it seeks at least two (2) different orders (i.e., reconsideration/clarification and a stay of enforcement). A separate filing fee is required for each. (Gov. Code §70617(f).) No later than 11/16/2018, plai...

Excerpt: ... a $139,500 secured loan made by New Century Mortgage Corporation to plaintiff Roddie McElhaney (“Plaintiff”) on May 23, 2003. The Deed of Trust was assigned to defendant U.S. Bank on June 10, 2013. On November 1, 2011, defendant Ocwen began servicing the loan. Between late 2011 and 2013, Plaintiff failed to make timely mortgage payments on multiple occasions, and refused to pay certain fees imposed in connection with her failure to obtain ha...

Excerpt: ... consider the Moua Declaration filed in opposition to this demurer since such extrinsic evidence is beyond the permissible scope of a demurrer, where the court's consideration is limited to those facts alleged in the challenged pleading and those for which judicial notice is both requested and granted. Factual Background This action arises out of a commercial construction site injury whereby a worker fell through the roof and died. Plaintiffs are...

Excerpt: ... is GRANTED. The discovery and motion cut‐offs are RESET based on the existing trial date of 3/4/2019. Crisan commenced this employment action in April 2014. (Because the matter was transferred to this county from Butte County Superior Court, the Sacramento County Superior Court case no. indicates 2015 instead of 2014.) Crisan filed the first amended complaint (FAC) in July 2014. The causes of action in the FAC were disability discrimination un...

Excerpt: ... Larry Stauffer's diagnosis of and resulting death from lung cancer following over 40 years of employment with Defendant. Defendants' motion for summary judgment and alternative motion for summary adjudication are DENIED as follows. Request for Judicial Notice Defendant's request for judicial notice is unopposed and granted. Factual Background Decedent Larry Stauffer (“Stauffer”) worked as a conductor/brakeman for Defendant for over 40 years ...

Excerpt: ...�) is SUSTAINED in part and OVERRULED in part. Overview This case presents a hybrid business dispute and attorney‐client dispute. Plaintiff Eric White's (White) first amended complaint (FAC) contains allegations that Burton misused his position as legal advisor to engage in self‐dealing. White alleges that the other Attorney Defendants abetted the scheme. Although the allegations describe a somewhat intricate series of transactions involving ...

Excerpt: ...l Rule 1.06(d) nor provides adequate notice of the tentative ruling system.) 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 also does not comply with C...

Excerpt: ...4/18 plaintiff Taylor filed a memorandum of costs claiming attorney fees in the amount of $6,164 and costs of $137 pursuant to Labor Code §98.2(k), providing that a judgment creditor in an action on a complaint with the Labor Commissioner is entitled to court costs and reasonable attorney's fees for enforcing a judgment rendered pursuant to this section. WSH thereafter filed a motion to tax the fees and costs, which was ultimately granted on 7/3...

Excerpt: ...ral requirements for the filing of motions, including proper notice. Here, Plaintiff served and filed her joinder by mail on October 19, 2018, this provided only 12 court days notice. Additionally, the joinder was not served on Kaiser. The Court disagrees with Defendant that Kaiser's response was not timely served. Kaiser's proof of service shows that its response was served via email and mail on Thursday, October 24, 2018. Defendant'...

Excerpt: ...Courtney Lee Shinn's demurrer to Plaintiff Edith Montanez's first amended complaint (“FAC”) is ruled upon as follows. Defendant's request for judicial notice is granted with the exception of Exhibits O and P (Google search results for the terms “cleanouts” and “cleanout inspection.”) 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. Deu...

Excerpt: ...ion. Thus, Weaver is now the only opposing party. Weaver's request for judicial notice of court documents is GRANTED. Overview This is Airco's second motion for good faith settlement. In its ruling on Airco's first motion, the Court rejected most of EFEE's and Weaver's arguments in opposition to the motion. The Court, however agreed with EFEE and Weaver that Airco's failure to assign values to its obligation to cooperate with, and ass...

Excerpt: ...and SUSTAINED in part with leave to amend. The Parker Declaration and the attached copy of a minute order entered in another department of this court are STRICKEN. The court may not consider evidence on demurrer. Judicial Notice Broker's request for judicial notice of the FAC is GRANTED. Broker's further request for judicial notice of three written agreements is DENIED. Plaintiffs Jose Martinez (Martinez), Alejandro Marquez (Marquez) and Jesu...

Excerpt: ... GRANTED in part and DENIED in part. Judicial Notice Broker's request for judicial notice of the FAC is GRANTED. Broker's further request for judicial notice of three written agreements is DENIED. Plaintiffs Jose Martinez (Martinez), Alejandro Marquez (Marquez) and Jesus Amezcua (Amezcua) (collectively “Plaintiffs”) attached several documents to the original complaint and characterized those documents as agreements supporting their allega...

Excerpt: ...urder trial. (See Bourdon Decl., ¶ 2‐4.) On or about 11/01/13, Bourdon learned that while plaintiff herein Frank Dearwester (Dearwester) was incarcerated on unrelated charges, Dearwester heard a third party confess to the crimes of which Ortez was accused. (Id., ¶ 5.) Bourdon's investigator interviewed Dearwester on 11/15/13. (Compl., ¶ 12.) On the investigator's request, Dearwester mailed documents related to the Ortez matter to the investi...

Excerpt: ...has been one for motor vehicle negligence. Among the defendants are One Call Medical, Inc. (NJ) dba One Call Care Management, and Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively “One Call”) (sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc.). Shacklefoot alleges that “One Call provides services to the workers' compensation insurance industry [… including…] transp...

Excerpt: ...nduct which is claimed to constitute harassment, discrimination, retaliation, intentional infliction of emotional distress (“IIED”) and/or a refusal to accommodate plaintiff's need to pump during work hours breast milk for her child. Among other things, defendant Matchell is claimed to have disclosed to a co‐worker that plaintiff was pregnant; made derogatory comments about plaintiff's hair, makeup, tattoos, piercings, weight fluctuations, ...

Excerpt: ... which 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. *** Defendants The Permanente Medical Group, Inc. (“TPMG”) and Sue Matchell's motion for summary adjudication on each of plaintiff's eight causes of action is GRANTED IN PART and DENIED IN PART, as follows. ...

Excerpt: ...mes of Northern California, L.P. (collectively “Defendants”) to compel arbitration is GRANTED, and the civil action is STAYED, as follows: Defendants' request that the court disregard the opposition as untimely is DENIED given the absence of prejudice. Plaintiff Alison Adkison (Plaintiff) filed this employment dispute in March 2018. Defendants contend that Plaintiff must arbitrate her legal claims against them. They have produced two written ...

Excerpt: ...A's motions are GRANTED as follows. Background For many years, Plaintiff Jimboy's Marketing, Inc. (“JMI”) acted as an area franchisor for Jimboy's Tacos restaurants under a Master Franchise Agreement with non‐party Jimboy's Tacos, Inc. JNA is the successor to Jimboy's Tacos, Inc. In 2012, JMI and JNA entered into a Transition Agreement, in which JMI assigned to JNA 38 franchised restaurants and other assets collectively valued at approximat...

Excerpt: ...n Montgomery (Ann) (collectively “Plaintiffs”.) Plaintiffs allege that Mark received the Device in 2008 as a surgical implant and suffered pain, decreased mobility and emotional distress as a result. He eventually required revision surgery to remove and replace the Device. According to Plaintiffs, the Device was defective and was likely to fail after implantation. They also allege that this information was concealed from surgeons and patients...

Excerpt: ...ant has filed separate motions to compel regarding the responses provided by both Plaintiffs. It appears that the discovery propounded to both Plaintiff Khaira and Plaintiff Avala were exactly the same, as were each Plaintiff's responses. Moving Defendant Hill Physicians Medical Group has placed the same responses provided by each Plaintiff at issue in both motions. Indeed, Plaintiffs have filed a “consolidated” opposition to the motions, not...

Excerpt: ...tion is any written or oral statement or other conduct in furtherance of the exercise of defendants' the constitutional right of petition or the constitutional right of free speech which is protected under Code of Civil Procedure §425.16. Defendants' request for leave to file (after the 60‐day deadline in §425.16(f)) an additional special anti‐SLAPP motion to strike the first three causes of action alleged in the 2AC is DENIED for the same ...

Excerpt: ...NIED, as follows. Factual Background This action arises from a property line dispute apparently originating from the original property developer's mistaken placement of a fence 20 feet south of the actual boundary line between the subject parcels. According to plaintiff, when this discrepancy was discovered, plaintiff and the adjacent owner Marjorie Williams (“Marjorie”) reached an agreement relative to both the actual ownership and Marjorie'...

Excerpt: ...t‐and‐confer efforts before filing a demurrer. The court will expect no less in the future. Factual Background Plaintiffs allege that in October 2016, contractors hired by City trespassed onto plaintiffs' property in Sacramento and wrongfully and unnecessarily denuded a number of plaintiffs' trees without notice or consent. It is further asserted that the cutting of these trees violated recognized, proper pruning practices and policies found ...

Excerpt: ... of their mother, along with other related relief. The action was settled in November 2016 by a written agreement signed by each of three siblings and was thereafter dismissed in December 2016. On 4/18/2018, the Court heard moving parties' motion to set aside dismissal and enforce settlement agreement and enter judgment against Romeo. (ROA 24.) The moving parties sought to set aside the December 2016 dismissal and to enforce the written settl...

Excerpt: ...ts GRANTED. This case arises out of a business dispute relating to commercially developed real property located at 2917‐2999 Fulton Avenue in Sacramento, California, and commonly referred to as Town and Country West (the “Fulton Property”). The Fulton Property was owned by Town and Country West G.P. (“Town & Country, G.P.”), a general partnership, for which Defendant/Cross‐Plaintiff Mehtani was the Managing Partner. Plaintiff/Cross‐...

Excerpt: ...d SUSTAINED in part with leave to amend. GM LLC is advised that, contrary to the caption on the notice of motion, this case is not assigned for all purposes to Judge Abbott. Department 54 is assigned to hear law and motion matters and is located at 813 6th Street, not 720 9th Street. Overview This is a lemon law case under the Song‐Beverly Consumer Warranty Act. The plaintiffs are Scott M. Groth and Lori J. Groth (collectively “the Groths”)...

Excerpt: ...inson did not appeal the assessment of overpayments, and EDD obtained its judgment by way of a Certificate for Summary Judgment pursuant to Unemployment Insurance Code § 1379. EDD recently renewed the judgment. As it turns out, Robinson was incarcerated between 2007 and 2018 and contends he never received actual notice of the judgment or underlying proceedings. The court rejects his argument that the renewed judgment should be vacated due to lac...

Excerpt: ...3) and Rule 3.1110(b)(3). The response filed by defendant was not timely filed in accordance with Code of Civil Procedure §1290.6 but was nevertheless considered. As Code of Civil Procedure §1290et seq. does not permit the filing of a “Response to Opposition” (e.g., a reply) such as the one filed by plaintiff, it was not considered. Factual Background This is a contract action relating to the parties' operating agreement for a jointly‐own...

Excerpt: ... 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 complaint 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. The Medical Staff of Methodist Hospital's Medical Exe...

Excerpt: ...s not timely filed but it was reluctantly considered. As explained below, it does little to address the substantive merits of this motion. The court notes that HV‐HD's electronic service of the moving papers on 10/1/2018 for a hearing on 10/25/2018 does not give 16 court days plus 2 court days' notice as required by Code of Civil Procedure §1005(b) and §1010.6(a)(4)(B), since 10/9/2018 (Columbus Day) was a court holiday. (Code Civ. Proc. §12...

Excerpt: ...ficial records is GRANTED. Procedural Background This civil action follows the Labor Commissioner's Order, Decision and Award in favor of employee Cheryl Harrington (Harrington). On 4/11/16, the Commissioner awarded Harrington approximately $50,000 from her former employer, Defendant and CoJudgment Debtor 2600 Bravado Dr. LLC, (“the LLC”) in unpaid minimum wages, penalties and other amounts. (The LLC had employed Harrington as a property mana...

Excerpt: ...s published, Plaintiff has filed a First Amended Complaint, which purports to address the Court's ruling on the demurrer to the original Complaint. The Court's ruling regarding the demurrer to the original Complaint remains as follows: Defendant Logos Property Investment S, LLC's (erroneously sued as Logos Property Investments and/or Ridgestone Apartments) demurrer to pro per Plaintiff Kent Taylor's complaint is ruled upon as follows. Thi...

Excerpt: ...ividual Defendant Sue Mathchell, because Plaintiff was a breastfeeding woman and because she complained to her union regarding these same issues. She also alleges claims for negligent and intentional infliction of emotional distress based upon these same issues. Plaintiff's evidence in support of this motion consists of her own sworn declaration and a brief excerpt of deposition testimony of TPMG employee Shawn Miller. Defendant filed a motion fo...

Excerpt: ...d advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Walgreens' counsel is unable to contact opposing counsel prior to the hearing, Walgreens' counsel shall be available at the hearing, in person or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Request for Judicial Notice Walgreens' request for judicial notice is granted as to Exhibits 2‐ 5, an...

Excerpt: ...icial notice of Exhibits 1, 4 and 5 is GRANTED. The balance of the request for judicial notice is DENIED. The court will not take judicial notice of the price lists in Exhibits 2 and 3 because Plaintiff Rosalinda Delacruz (Delacruz) alleges she never received such lists. (FAC, ¶ 32.) Exhibit 6 is irrelevant. Overview This is a putative class action. Delacruz is the only named plaintiff. According to Delacruz, Defendants misled her into funding a...

Excerpt: ...ith either the summons & complaint or the moving papers, thereby depriving the court of jurisdiction to grant plaintiff any relief as to them. As to BLS only, this matter was continued to permit plaintiff to file and serve a supplemental reply in light of BLS' tardy filing of its request for judicial notice in support of its opposition. Having received plaintiff's supplemental reply, the court now issues the following tentative ruling. *** If ora...

Excerpt: ...arly has Plaintiff and other non‐ exempt employees at its fulfillment centers work over 10 hours, without providing or compensating for a second meal break or third rest break, as required by California law. Plaintiff further alleges that Defendant failed to pay all wages owed in each pay period, and that in violation of Labor Code § 226(a), Defendant issued false and inaccurate wage statements which fail to account for all Plaintiff and other...

Excerpt: ...overt Gurion, as individual and successors in interest to Decedent's (together, “Plaintiffs”) request for judicial notice of Exhibits A, B, and C is granted. (See, Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal. App. 4th 26, 32.) Plaintiffs' request for judicial notice of Exhibit D, the California State Auditor's report on Skilled Nursing Facilities, is denied. This is an elder abuse action arising from the c...

Excerpt: ...or in interest to Evelyn Gurion (Decedent) (together, “Plaintiffs”) filed this action on September 9, 2015. Moving Defendants assert that they have been properly served with the Summons and Complaint since the case's inception. However, they state that Plaintiffs have never properly served the Individual Defendants and there is no stipulation to extend time for service. (Patterson Decl. ¶¶3‐4.) As it has now been three years since the cas...

Excerpt: ...m Saleem (together, “Plaintiffs”) filed their Complaint on April 27, 2018, alleging that the four‐vehicle collision and their resulting injuries were caused by Mr. McKinley's unsafe lane change. They further named Mr. McKinley's employer, AT&T Corp., as a defendant. On June 18, 2018, Defendants answered the Complaint. On August 9, 2018, Defendants filed a Notice of Change in Handling Attorney, notifying the Court and parties that a differen...

Excerpt: ... alleges that Macy's 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. Instead, 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. He alleges that other shoppers were similarly misled. With respect to his resulti...

Excerpt: ...ientation and national origin. Echevarria is the former employee, and RCRC is the former employer. RCRC is defending in part on the theory that it terminated Echevarria for legitimate, non‐discriminatory reasons related to Echevarria's job performance. To obtain emails and other documents relevant to this theory of defense, Echevarria propounded his second set of document requests. RCRC did not timely respond, and on 6/26/18, this court granted...

Excerpt: ...lings. This is a construction defect case. The plaintiffs are multiple homeowners (Plaintiffs). Plaintiffs filed this action in May 2017. A special master was appointed, and considerable discovery has been completed. On 7/11/18, Plaintiffs filed Doe Amendment No. 1, thereby naming eight subcontractors as defendants. No trial date has been set. In addition, the special master has stepped down and a motion to appoint a substitute is pending. Morris...

Excerpt: ... follows the Labor Commissioner's Order, Decision and Award in favor of employee Cheryl Harrington (Harrington). On 4/11/16, the Commissioner awarded Harrington approximately $50,000 from her former employer, Defendant and CoJudgment Debtor 2600 Bravado Dr. LLC, (“the LLC”) in unpaid minimum wages, penalties and other amounts. (The LLC had employed Harrington as a property manager.) Pursuant to Labor Code § 98.2(e), this administrative award...

Excerpt: ...he manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4) Factual Background This is a legal malpractice action. Plaintiff alleges she retained defendant attorneys to file and prosecute an action against her employer but despite filing the action in 2015, it ...

Excerpt: ...sed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants State Farm General Insurance Company (“SF General”), State Farm Mutual Automobile Insurance Company (“SF Mutual Auto”), State Farm Fire and Casualty Company (“SF Fire”), Teresa L. Moon (“Moon”), Estate of Paula Foster (“Foster Est...

Excerpt: ...ocedural Background Plaintiffs filed this breach‐of‐guaranty case in 2010. Defendants are the guarantors. The parties entered into a written settlement agreement (Settlement) in March 2012. Under the Settlement, each Defendant is required to pay a maximum of $1,000,000 over a period not to exceed 10 years from the time his first payment is made (subject to an exception not relevant here). (See Derickson Decl., Exh. A, ¶ 4(f).) Each Defendant...

Excerpt: ...d motion matters. *** Defendants Samuel Merritt University (“SMU”), Sutter Bay Hospital (“SBH”), Sutter Health (“Sutter”) and Isaac Bristow's (“Bristow”) (collectively “Defendants”) demurrer to the Second Amended Complaint (“2AC”) is SUSTAINED IN PART and OVERRULED IN PART, with leave to amend except as to the 14th cause of action against Bristow. The notice of demurrer does not provide notice of the court's tentative ruli...

Excerpt: ...rm Mutual Automobile Insurance Company (State Farm Mutual), State Farm Fire and Casualty Company (State Farm Fire), Teresa L. Moon (Moon), Estate of Paula Foster (Estate), and Teresa L. Moon as Executor of the Paula C. Foster Revocable Trust (Moon as Executor) (collectively “Defendants”) to dismiss the action for failure to prosecute is GRANTED in part and DENIED in part. The parties' requests for judicial notice of court documents are GRANTE...

Excerpt: ...ively sometimes “the Individual Defendants”) to serve further responses to the first sets of requests for admissions and form interrogatories is GRANTED in part and DENIED in part. The Individual Defendants' request for judicial notice of court documents is GRANTED. Procedural Background In the complaint, Dinelli alleges that he, Timms and Baccala each own shares in CoDefendant California Academy of Baseball, Inc. (CAB). Dinelli further alleg...

Excerpt: ...em (collectively “Plaintiffs”). APM was the landlord's property manager. CoDefendant Ding Zhang (Zhang) was the landlord. In the operative fourth amended complaint (4AC), Plaintiffs allege that they occupied the premises with a Section 8 HUD voucher. They allege a toxic mold infestation as well as other violations of housing laws, and they further allege that there were no timely attempts to repair despite their initial complaints. When repai...

Excerpt: ...irected to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing. 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 did not consider the declarations filed in opposition to this demurer since such extrinsic evidence is beyond the permissible scope of...

Excerpt: ... Duke (“Duke”). OSP owns commercial real property on J. Street. OSP is manager‐managed. Duke was the initial manager of OSP. Duke owns 12.5% of OSP, while Plaintiffs own the remaining 87.5%. Plaintiffs allege that in May 2018, they discovered that Duke misappropriated almost $40,000 in unauthorized “leasing commissions” and “construction management fees.” In June 2018, Plaintiffs executed an Action by Written Consent (“Written Con...

Excerpt: ...sel on 7/26/18 that Dhanraj was not available, and counsel agreed to reschedule the deposition for 8/30/18. (Id., ¶¶ 3‐4, Exhs. B, C.) S360 served a second deposition notice, but on 8/28/18, Dhanraj's counsel again advised that Dhanraj would not appear. (Id., ¶¶ 4‐5, Exhs. C, F.) For the second time, counsel agreed on a date to depose Dhanraj, this time on 9/26/18. (Id., ¶¶ 5‐6, Exhs. F, G.) On 8/29/18, counsel for S360 served an amen...

Excerpt: ... makes in its concurrent demurrer to the fourth cause of action. The court incorporates its concurrent ruling rejecting SKR Group's arguments and continues to reject them here. The Individual Managers make one additional argument in support of their demurrer. They argue that Plaintiff James Saunders only alleges them to be SKR Group's on‐site managers acting within the course and scope of their employment. Citing authority for the propo...

Excerpt: ...y set for hearing on 9/17/2018 but was continued to this date to permit the parties to meet‐and‐confer “in person or by telephone,” as required by Code of Civil Procedure §430.41. The court notes that the 9/27/2018 meet‐and‐confer declaration from the demurring parties' counsel was not timely filed by the 9/26/2018 deadline but it was nevertheless reluctantly considered. This 9/27/2018 declaration avers that the parties have been abl...

Excerpt: ...efendant Cornerstone Title Company's (“CTC”) demurrer to the First Amended Complaint (“1AC”) is SUSTAINED IN PART and OVERRULED IN PART, with and without leave to amend, as follows. Factual Background This action arises out of a 2015 real estate transaction whereby Ms. Schmauderer contracted with Bebermeyer Asset Management Inc. (“BAM”) to sell her home to BAM for $500,000, with escrow being established at CTC and BAM making an initia...

Excerpt: ...pertinent part, the 2AC asserts in Paragraphs 33, 48 and 55 that defendant County refused to provide any reasonable accommodation of reassignment or transfer to another position for which plaintiff was qualified unless she agreed to participate in the “Accommodations Transfer List” (“ATL”) system and further that, “The ATL system is unlawful as it ends in the forced resignation of the participant if another job is not found within a yea...

Excerpt: ... found defendant ex‐husband to be in contempt for failing to make payments to plaintiff ex‐wife for child support, alimony and medical expenses and to provide life insurance despite the ability to do so, with the total arrearages being $108,300. The Florida Court also determined that defendant's 50% share of the proceeds from the marital home was $26,115.58 short of the amount due plaintiff, although the order is silent as to the reason(s) fo...

Excerpt: ...Detres"), separated, Detres executed a quit claim deed transferring all rights and interest in the property. The judgment of divorce was entered in March 2013, giving the property to Plaintiff. However, in November 2015, Detres and other individual defendants, coerced Plaintiff into signing a stipulation to sell the property. In July 2017, Detres obtained an order from family court directing the sale of the property. The individual buyer defe...

Excerpt: ...atters. *** Defendant East Eagle, LLC's ("East Eagle") demurrer to Plaintiffs Ezatullah Gulam (“Eza”) and Zinatulla Gelaman's (“Zin”)(collectively “Plaintiffs”) Third Amended Complaint (“TAC”) is ruled upon as follows. Overview This case arises from a joint investment in a grocery store and restaurant. Plaintiffs allege that in early 2015 they were approached by co‐defendant Mohamad Aalemkhiel's (“Mohamad”) to pa...

Excerpt: ...udicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) 1. Overview In this action, Plaintiff Mountain F. Enterprises, Inc. (“Plaintiff”) alleges that AUI provided it with a proposal for workers' compensation coverage through the E...

Excerpt: ... physical and psychological injuries. On August 7, 2018, the Court granted Defendant's Motion to Compel a psychiatric examination of Plaintiff. Defendant's Notice of Motion stated that Defendant was moving under section 2032.010(a) “to have the Plaintiff evaluated by psychiatrist Dr. John Greene.” (Kilduff Decl. Ex. 4) Citing to CCP § 2032.310(b), the Notice further identified the following specific conditions for the examination: • Date/T...

Excerpt: ...Owen, Special Administrator of the Estate of Mark Whisler, is OVERRULED. The court refers to Robert Winger, now deceased, as well as the personal representative of his estate, as “Robert.” Likewise, the court refers to deceased Plaintiff and Cross‐Defendant Mark Whisler dba Whisler Land Company, as well as the Special Administrator of Mr. Whisler's Estate, as “Whisler.” The parties' requests for judicial notice of court documents an...