Excerpt: ...t (“FEHA”). She also claims Intel failed to reasonably accommodate her disability and retaliated against her when she requested a reasonable accommodation. Her complaint contains six causes of action: (1) disability discrimination; (2) age discrimination; (3) retaliation; (4) failure to reasonably accommodate; (5) failure to prevent discrimination and/or retaliation; and (6) wrongful termination in violation of public policy. She seeks compen...

Excerpt: ... on all claims the Court determines are covered by the Tzul settlement.” (Defs.' Not. of Mot. 2:11‐13.) Defendants' separate statement of undisputed material facts filed in support of their motion only lists one set of facts. Defendants' moving papers do not comply with California Rules of Court, rule 3.1350 (b) and (d). (See CRC 3.1350(b) [“If summary adjudication is sought . . . , the specific cause of action, . . . claims for damages, or...

Excerpt: ...Plaintiff's unopposed motion to have its requests for admissions deemed admitted. (Minute Order, ROA # 27.) When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc., § 438, subd. (c) ...

Excerpt: ...igence. Moving Party demurs to the first cause of action on grounds it fails to state facts sufficient to constitute a cause of action for breach of contract. Moving Party argues Plaintiff has failed to allege the existence of an enforceable contract between Plaintiff and Moving Party. The first cause of action alleges Plaintiff obtained a loan from Suntrust Mortgage secured by a deed of trust that was ultimately assigned to Moving Party. The com...

Excerpt: ...rs. *** Defendants Ian Cornell and The Cornell Group's motion to compel plaintiff Style Media Group's (“SMG”) further responses to certain special interrogatories and requests for production of documents is ruled on as follows. Overview According to the complaint filed on 3/23/2018, plaintiff SMG and defendant Surf & Turf in October 2016 entered into a partnership agreement for the purpose of acquiring a five‐ year option to purchase “The...

Excerpt: ...alleges a sole cause of action for medical malpractice negligence and also seeks punitive damages. The case is still in the pleading stage. Defendant has not answered the Complaint. With respect to Plaintiff's instant request for appointment of counsel, meaningful access to the courts is the "keystone" of an indigent prisoner's right to defend against and prosecute bona fide civil actions. (Yarbrough v. Superior Court (1985) 39 Cal.3d 197, 200‐...

Excerpt: ...taliation for demanding wages due to wrongful termination, defamation, assault, and battery. Pro per Plaintiff, Curtis Tyler, alleged that defendant ISS Facility Services, Inc. (“ISS”) was his employer and he sued fictitious defendants Does 1 through 50... because their names and/or capacities and/or facts showing them liable are not known presently.” (Complaint, ¶ 5.) He also alleged the Doe defendants were “the agent and/or employee of...

Excerpt: ...** Defendant and Cross‐Complainant Abduallah Altahan's (“Altahan”) motion to compel further responses and production of documents from Plaintiff Obadah Banah (“Banah”) is ruled upon as follows. This is a dispute arising from the merger and subsequent separation of the parties' cell phone business. Plaintiffs Banah and Gotem Wireless, LLC's second amended complaint asserts causes of action for Intentional Interference with Contractual Re...

Excerpt: ... stopped in front of Downing when he rear‐ended the vehicle in front causing a chain reaction, thereby causing injury and damages to Plaintiff. Downing filed a cross‐complaint against Ploeg. Downing alleges that Ploeg rear‐ ended his car, which caused a second chain reaction. The cross‐complaint asserts causes of action for equitable indemnity and contribution. Ploeg filed her own cross‐complaint against Downing for indemnification. On ...

Excerpt: ... The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk ...

Excerpt: ... with expected inheritance. In the SAC, Plaintiff alleges that she and Sam Fong (“Decedent”) had a long‐term, unmarried, co‐habitation relationship, and shared a son together. Decedent was married to Alice Wong the entire time. Decedent divided his time between two residences: one with Plaintiff and one with his wife. Decedent promised to marry Plaintiff, held her out as his “wife,” and sometimes referred to Alice Wong as his “ex‐...

Excerpt: ...moral Apartments' (“Defendant”) demurrer to Plaintiffs' first amended complaint (“FAC”) is ruled upon as follows. This is a premises liability action. Plaintiffs Kathi and David Ramsay (“Plaintiffs”) allege that on 11/24/2017, Ms. Ramsay was at Defendant's apartment complex visiting a tenant. Ms. Ramsay was injured due to a defective, faulty, poorly designed, and/or negligently maintained stairway at the apartment complex. She fell du...

Excerpt: ... 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notified the oppos...

Excerpt: ...t evidence is immaterial to the Court's decision on the motion. Background This derivative action arises out of a dispute over Nori Orchards, LLC (the “Company”), a company previously owned by Plaintiff and Defendant Sumanpreet Singh (“Defendant”). Plaintiff and Defendant formed the Company in 2018 for the purpose of owning and operating an almond orchard in Colusa County. In August 2019, Defendant executed a written agreement, the “Alm...

Excerpt: ...ion of decedent Eva Harris at Mission Carmichael, a skilled nursing facility, from June 20, 2018 through June 28, 2018. Plaintiffs, the decedent's children, allege that Eva Harris developed a fecal impaction while at Mission Carmichael, resulting in acute renal failure and metabolic acidosis that ultimately caused her death on June 29, 2018. The SAC alleges three causes of action: elder abuse, negligent infliction of emotional distress, and wrong...

Excerpt: ... at Mission Carmichael, a skilled nursing facility, from June 20, 2018 through June 28, 2018. Plaintiffs Teresa Harris and Jeff Harris, the decedent's children, allege that Eva Harris developed a fecal impaction while at Mission Carmichael, resulting in acute renal failure and metabolic acidosis that ultimately caused her death on June 29, 2018. The SAC alleges three causes of action: elder abuse, negligent infliction of emotional distress, and w...

Excerpt: ...eges she and Talor Babyak were driving eastbound on Interstate 80 Business in Sacramento County when Talor Babyak rear‐ended Plaintiff's vehicle, causing her injury and damages. (Compl. ¶ 6.) Plaintiff further alleges that Colleen Harrington negligently hired, trained, and/or supervised Talor Babyak. (Compl. ¶ 5.) Defendants are insured through a policy of insurance issued by Amica Mutual Insurance Company (“Amica”). Plaintiff and Amica, ...

Excerpt: ...ant served Plaintiff with a first set of form interrogatories, special interrogatories, and request for production of documents via U.S. mail on November 20, 2019. Responses thereto were not received. Therefore, Defendant moved to compel responses. The original motion to compel was served by mail on February 19, 2020. Due to the COVID‐19 emergency, the hearing date on the motion to compel was postponed indefinitely. The Court subsequently sched...

Excerpt: ... posted on the about Plaintiff, a physician, including, but not limited to the websites Yelp, Healthgrades, CareDash, Google Reviews, RateMD, and Web MD. (FAC 7.) The anonymous posts contained statements against Plaintiff, which include the following: Plaintiff was an unskilled physician, that he did not care about his patients and demeaned them, that he committed malpractice, that he is unethical and that he is dishonest. (See FAC 8.) Plaintiff ...

Excerpt: ...e caption of a motion and instead treat it in accordance with the relief it requests”]; see alsoA.N. v. County of Los Angeles(2009) 171 Cal.App.4th1058, 1064 [“[t]he substance [of the motion] is what mattered, not its label”].) The motion is UNOPPOSED. Facts Before the Court is the latest issue in a contentious dispute between family members claiming interests in property assets held by Plaintiff Marcella Luna. At this point, the facts are ...

Excerpt: ...tor shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on September 17, 2020, to participate in oral argument. In this action, Plaintiff, proceeding without counsel, alleges unspecified personal injuries against the Sacramento County Sheriff's Department. Plaintiff's form Complaint alleges a sole cause of action for medical malpract...

Excerpt: ... posted on the about Plaintiff, a physician, including, but not limited to the websites Yelp, Healthgrades, CareDash, Google Reviews, RateMD, and Web MD. (Compl. 7.) The anonymous posts contained statements against Plaintiff, which include representations that Plaintiff was an unskilled physician, that he did not care about his patients and demeaned them, that he committed malpractice, that he is unethical and that he is dishonest. (See Compl. 8....

Excerpt: ...e parties must at the time oral argument is requested notify the clerk and the opposing party of the specific exhibits that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Plaintiffs move to seal each of the below‐listed exhibits to their Compendium of Evidence in opposition on the grounds that they “contain confidential and pr...

Excerpt: ...oenas seeking various records from Healthcare Center of Fresno, Sendai Sushi, Family Express Food & Liquor, and the Department of Healthcare Services or alternatively, for a protective order limiting the scope of these subpoenas is ruled on as follows. The notice of motion does not provide notice of the 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 dire...

Excerpt: ... the request which of moving defendants' 53 Undisputed Material Facts and/or which of moving defendants' objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐ existence of a triable issue of material fact. *** Factual Background The facts of this case are well known to this Court as a result of numerous...

Excerpt: ...n law and motion matters. *** Defendants Kayvan Haddadan, M.D. (“Dr. Haddadan”) and Advanced Pain Diagnostic & Solutions, Inc.'s (“APDSI”) (collectively “Defendants”) demurrer to Plaintiff in Intervention Jane Doe's (“Doe”) Second Amended Complaint in Intervention (“SACI”) is ruled upon as follows. Overview In this action, the named plaintiffs are Joanne Davis (“Davis”), Mariah Florez (“Florez”) and Mary Tovar (“Tova...

Excerpt: ...he separate statement. Factual Background Plaintiffs' Complaint. This is a nonjudicial foreclosure action. According to the complaint, OLS intentionally placed plaintiffs' mortgage loan in a perpetual state of default in order to accumulate additional fees and take title to the subject property located in Napa County. In July 2005 plaintiffs Martin (“Martin”) and Catherine Byrdsong (collectively “Borrowers”) obtained a $611,250 loan from ...

Excerpt: ...n as follows. Plaintiff is currently incarcerated at Solano State Prison. Plaintiff brings this action against Defendant, alleging two causes of action for (1) negligence and (2) intentional tort. Plaintiff alleges that Defendant was his prison psychiatrist. With respect the negligence cause of action, he alleges that on 6/6/2018, Plaintiff asked if he could be taken off medication. Defendant stated that it would take six months to wean him off, ...

Excerpt: ...), and Myeshia Wiley, individually (“Myeshia”), (collectively “Plaintiffs”), allege defendants were negligent in Myeshia's prenatal care and in the birth of Kyree. Plaintiffs allege that despite the presence of high risk factors requiring a C‐Section, Defendants did not offer or perform a C‐Section for Kyree's delivery, resulting in physical injuries and emotional distress to both Plaintiffs. Defendants petition to compel arbitration ...

Excerpt: ...nally scheduled March 27, 2020 hearing date was continued due to the COVID‐19 emergency. This is an action for dependent abuse (Welf. & Inst. Code §§ 15600, et seq.) and for violations of the Patient's/Resident's Bill of Rights (“PBOR”) brought by Plaintiff Kara Hagstrom, by and through her Guardian ad Litem, Wesley Hagstrom (“Plaintiff”). Plaintiff is a bedbound, non‐verbal developmentally disabled adult who, at all relevant times,...

Excerpt: ...ech”) evidentiary objections to the Receiver's reply since the material objected to is immaterial to the Court's decision on the motion. Factual and Procedural Background On June 6, 2018, the City of Sacramento (“City”) filed a Petition for Appointment of Receiver under Health and Safety Code section 1980.7. The Petition was granted on August 3, 2018, and Mr. Brumbaugh was appointed as Receiver over the real property located at 5630 Fruitri...

Excerpt: ...ving 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 by remote appearance. Moving counsel failed to comply with CRC Rule 3.1113(d)‐(e). Moving counsel is advised that requests for leave file oversized brie...

Excerpt: ...ons to quash defendant Home Depot, USA's subpoenas seeking plaintiff's medical records from Kaiser Permanente and Kaiser Adult Psychiatry are DENIED, as follows. The notice of motion does not provide notice of the 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 opposing counsel and advise him/her of Local Rule 1.06 and the Court's tent...

Excerpt: ... the preliminary questions of: (1) whether Plaintiff is properly classified as an independent contractor, and (2) if he is determined not to be an independent contractor, whether Defendant is correctly identified as his employer. (See 7/24/2019 Order; 7/30/2020 Order.) The court denied the motion to compel arbitration because Defendant was "seeking to split Plaintiff's individual standing component from his representative component. Such an act i...

Excerpt: ... provided notice of a different county's tentative ruling system, the notice does not comply with the Local Rules of the Sacramento Superior Court, Local Rule 1.06(D). Moving counsel is directed to review the Local Rules, effective 1/1/2020. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Acting in pro per, plaintiffs Singh and Dev filed this action on 12/17/2019 against several defendants in...

Excerpt: ...g that is the subject of the motion for judgment on the pleadings. (Emphasis added.) Moving counsel is advised that the future motions which do not comply with the express requirements of §439 may be stricken and/or dropped from calendar but since this Court concludes that the meet‐and‐confer process would not have resolved the present dispute without the need for judicial intervention, the merits of this motion shall be addressed below. Alt...

Excerpt: ...ant California Department of Public Health's (“CDPH”) motion for judgment on the pleadings is ruled upon as follows. Overview This is a putative class action for CDPH's purported “unauthorized disclosure of sensitive and private personal medical information regarding Plaintiff and class members' pregnancy tests.” (Complaint, ¶ 1.) Plaintiff Johnnae M. Harkey‐Kirk alleges that “8. On or about November 29, 2018, Plaintiff, who was preg...

Excerpt: ...ff and Cross‐ Defendant Patrick Clemens (“Clemens”) demurrer to Defendant and Cross‐Complainant StHealth Capital Investment Corp's (“StHealth”) (f/k/a as First Capital Investment Corp. (“FCIC”)) first amended cross‐ complaint (“FAXC”) is ruled upon as follows. Overview This is an employment action for Labor Code violations and breach of contract. Clemens alleges that he worked for defendants, including FCIC from March 30, 20...

Excerpt: ...n is overruled: ∙ Objection No. 16 to the Declaration of Daryl Tsutsui to the extent it raises a Secondary Evidence Rule objection. The Court relied on this paragraph of Daryl Tsutsui's declaration only as to the portions thereof that are cited in the tentative ruling, below. The Court declines to rule on the remainder of Defendant's evidentiary objections since the subject evidence is immaterial to disposition of the motion. (See Code of Civ. ...

Excerpt: ... Defendants' counsel is directed to contact Plaintiff Renee Martin (“Plaintiff”) forthwith to advise Plaintiff of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff prior to the hearing, Defendants' counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Plaintiff appears without following the ...

Excerpt: ...e Section 474 to bring Lexington into this action by Doe Defendant Amendment on grounds that “Zurich was not truly ignorant of Lexington's identity or Zurich's purported claims against Lexington when Zurich filed its original September 16, 2019 Complaint.” (Notice of Motion at 2.) In this insurance coverage action, Zurich American Insurance Company ("Zurich") seeks to be reimbursed amounts it incurred defending U.S. Home Corp. ("U.S. Home") i...

Excerpt: ...nt of Fair Employment and Housing ("DFEH") was filed over one year after the date of any of the alleged unlawful actions upon which Plaintiff bases her First and Second Causes of Action, making her DFEH complaint untimely. (P&As at 1‐2.) Defendant argues that because Plaintiff failed to timely exhaust her administrative remedies as to her First and Second Causes of Action, Defendant is entitled to judgment as a matter of law. (Id.) Overview Thi...

Excerpt: ... amended complaint (“FAC”). Defendant requested supplemental briefing on its argument that Plaintiff fails to allege “actual innocence.” The court granted Defendant's request and has received both parties' supplemental briefs. The court now rules as follows, solely on the issue of “actual innocence”, and incorporates fully herein its prior tentative ruling with respect Defendant's other arguments. Oral argument will only be allowed on...

Excerpt: ...about April 15, 2019, containing four causes of action for Elder Abuse/Neglect, Professional Negligence, Negligent Infliction of Emotional Distress and Violation of Patient's Bill of Rights (H&S §1430(b)). Defendant's demurrer targets all causes of action on grounds that they fail to state a claim and also on grounds of uncertainty. As a preliminary matter, the Court notes that counsel for the moving party declares that “Plaintiff agreed to di...

Excerpt: ...n papers were not timely filed but were nevertheless considered. The opposition papers fail to comply with CRC Rule 3.1110(b)(3)‐(4). Overview This is a construction defect action which was filed in December 2017 against several defendants including PLAI. In March 2018 PLAI filed a demurrer to the complaint and in April 2018 the Court sustained this demurrer, noting it was not opposed. Although plaintiff was given leave to amend, no amended com...

Excerpt: ...m a traumatic brain injury. He alleges that he suffered from a concussion shortly before entering into the purchase agreement with Defendant. Wheat's complaint asserts causes of action for Financial Elder Abuse, Violation of Consumer Legal Remedies Act, Unfair Competition, Undue Influence, Civil Code §3345, Penal Code violations and Conversion. He seeks monetary damages as well as rescission of the purchase agreement. Defendant moves to compel a...

Excerpt: ...ion matters. *** Defendants Cypress Pacific, LLC and Nielsen Property Management's (collectively “Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is an action for breach of warranty of habitability. Plaintiffs allege that Defendants failed to properly maintain, control or repair the property. Plaintiffs allege that as a result of Defendants' failure to properly maintain the property, they were forced to ...

Excerpt: ...f was a patient at Defendant Dignity Health dba Mercy Hospital of Folsom (“Dignity”). Plaintiff alleges causes of action for intentional infliction of emotional distress, medical malpractice, negligent supervision, and dependent adult abuse against multiple defendants, including Dignity. Factual Allegations As relevant to this motion, Plaintiff alleges as follows: On or about January 8, 2019, Plaintiff went to Dignity's emergency room with ca...

Excerpt: ...e Deed of Trust was assigned to Defendant U.S. Bank National Association on June 10, 2013. On November 1, 2011, Defendant Ocwen Loan Servicing, LLC (“Ocwen”) began servicing the loan. By May of 2013, Plaintiff was allegedly in default on her loan. After Plaintiff refused to pay her outstanding balance to cure her default, Defendant Western Progressive, LLC, as the new trustee, recorded a Notice of Default and Election to Sell under Deed of Tr...

Excerpt: ...e/RV. Plaintiffs allege Defendants own the Freeport Marina and RV Park where Plaintiffs rented Space #16. (Compl. at p. 5.) Plaintiffs allege their RV was parked in Space #16 on October 23, 2017, when “a very large oak tree fell and landed on the [RV] just missing both Plaintiffs, resulting in severe shock to Plaintiffs' nerves and nervous systems and post traumatic stress disorder.” (Compl. p. 4.) Plaintiffs allege three causes of action aga...