Excerpt: ...d. Objection Nos. 7 and 8 to the Declaration of Jason Louie are sustained. The remaining objections are overruled to the extent they involve evidence that was relevant to the Court's decision on the merits of the motion. Defendant's objections are overruled to the extent they involve evidence that was relevant to the Court's decision on the merits of the motion. Defendant's objections apply only to portions of Plaintiff's declaration and the tran...

Excerpt: ...btors: (1) The Retreat at Roya Green LLC; (2) Antonette Tin, also known as Antonette 8. Tin, Antonette Butlig Tin, and Antonette Fernando, an individual; and (3) Antonette Tin dba Precious Angels Care (collectively, "Defendants" or "Judgment Debtors"). (ROA 95.) Plaintiffs' moton is ruled upon as follows. Background Plaintiffs filed their complaint on August 17, 2018 alleging various wage-and-hour causes of action. Defendants filed their answer o...

Excerpt: ...ng date shall automatically be continued one week plus one court day for oral argument. The contnuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9m a.m. on the date of the continued hearing date, which will be Wednesday, April 5, 2023, to participate in oral argument. To appear on Zoom telephonically, ca...

Excerpt: ...t'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. On January 4, 2021, Alvernaz, entered into a Real Property Purchase and Sale Agreement with defendant George Blaufuss ("George"), then owner of record of the real property located at 15261 Nueva Drive, Rancho Murieta, California (the "Property"). (Alexande...

Excerpt: ... related claims based on Defendant's reassigning him to a lesser office and clinical workspace follow-ng his surgery. Plaintiff alleges, in part, that he was wrongfully forced to participate in Defendant's Physician Assessment and Clinical Education ("PACE") program. (Second Amended Complaint ("2AC") '129-31.) Plaintiff contends the PACE program is designed for physicians with anger management issues, clinical incompetencies, medical record keepi...

Excerpt: ... Plaintiff electronically served Caltrans with the discovery requests on January 24, 2023, by email. (Scardigli Decl. '1 4, Exhs. 2-7.) Having received no response to the discovery requests, Plaintiff emailed Caltrans on March 1, 2023, to meet and confer and attached the requests. Plaintiff received an email notification response stating: "Your message wasn't delivered because the recipients email provided rejected it." (Scardigli Decl. 5, Exhs. ...

Excerpt: ...that her husband, Tim Constantine ("Decedent") was admitted to Defendant's nursing home for skilled nursing care ("Facility") related to his diagnosis of dementia. Plaintiff alleges that Defendant failed to establish and implement the state mandated infection control policies for COVID-19. Decedent contracted COVID-19 and died. Plaintiff filed her complaint on September 27, 2021. On October 27, 2021, Defendant removed this achon to Federal Court....

Excerpt: ...nd Aaliyah Knox (collectively "Plaintiffs") allege that their vehicle was fully stopped at a red light at the intersection of Franklin Boulevard and Brookfield Road, waiting to make a left-hand turn (westbound) onto Brookfield from the northbound turn lane of Franklin Boulevard. While waiting for the light to turn green, Non-Settling Defendant's vehicle was traveling southbound on Franklin Boulevard and Settling Defendants' vehicle was traveling ...

Excerpt: ...ya Evans, a minor and by and through her GAL Montoya Day ("Amaya"), Patrick Evans, and Jovan Warner's (collectively "Defendants") demurrer to Plaintiff Cali Thibedeau, a minor by and through her GAL Stefanie Thibedeau's ("Plaintiff") verified first amended complaint ("FAC") is ruled upon as follows. Overview Plaintiff attends Natomas Park Elementary School. (FAC, 17.) She is not a member of Snapchat and has no social media accounts. (FAC, 18.) Pl...

Excerpt: ...ot 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.) Procedural History Plaintiff initiated this achon on February 23, 2022 by filing a petition for relief from the provisions of Gov't Code SS 945.4 and 945.6. ("Petition") (ROA 1.) Plaintiff paid the required $435 first appearance fee. The Court granted the Petiton ...

Excerpt: ...g a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the moton or special demurrer is not meritorious and cause for its denial, and in the case of a demurrer, as a waiver of all grounds not The Court also notes that the declaration of Defendant's counsel purports to attach exhibits, but no exhibits are attached. (See Kawakami Won...

Excerpt: .... The Court declines to rule on the remaining objections, as the subject evidence is immaterial to the disposition of the moton. (See CCP S 437c(q).) Background This is a personal injury action involving an alleged trip- and-fall that occurred on July 19, 2018. Plaintiff's complaint includes a single cause of action for negligence and alleges that Defendants negligently designed, constructed, maintained, used, controlled, managed, and/or supervis...

Excerpt: ...** Plaintiff Elden Thomas' ("Plaintiff") motion to compel Defendant Irish Construction's ("Defendant") further responses and responsive documents to Request for Production, Set Five, is ruled upon as follows. This is an employment retaliation and discrimination acton. Plaintiff contends that after he complained of discrimination, bullying, and harassment, Defendant retaliated against him and terminated him. (Telfer Decl. '12.) The parties entered...

Excerpt: ...that his office served Plaintiffs with the subject discovery on or about June 1, 2022. (Mahlstedt Decl., 2.) Counsel also states that a copy of subject discovery is attached as Exhibit A; however, no exhibits are attached to counsel's declaration. Therefore, Defendant has failed to establish that it served Plaintiffs with discovery to which Plaintiffs did not respond. The Court also notes that, at least in the typical motion to compel responses o...

Excerpt: ... and wrongful death against Dr. Singh and several other defendants. Concurrent with this motion to seal, Dr. Singh has moved for summary judgment as to Plaintiffs' entire complaint. Via this motion, Dr. Singh seeks to file under seal the following documents related to the motion for summary judgment: (1) Portions of Dr. Singh's memorandum of points and authorities (ROA 76); (2) Portions of the Declaration of Dominique A. Pollara (ROA 75); and (3)...

Excerpt: ...first amended complaint ("FAC") on January 13, 2022. (ROA 21.) The FAC includes what appears to be four causes of action: (1) "personal injury for impersonation"; (2) violation of California Civil Code section 52.1; (3) breach of contract; (4) a second breach of contract claim. According to the FAC, from June 30, 2016 to June 12, 2019, Plaintiff resided as a tenant at a boarding house in Sacramento called Pete's Place. (FAC, 1.) Defendants George...

Excerpt: ...tion and she discovered shortly after the sale that the car needed a new engine. Ms. Mendias filed her Complaint against Sayed and Old Republic as surety, on April 20, 2022, and the operative First Amended Complaint on June 15, 2022. Ms. Mendias alleges claims for violation of the Consumers Legal Remedies Act, violation of the Song-Beverly Consumer Warranty Act, violation of Business & Professions Code S 17200, intentional misrepresentation, resc...

Excerpt: ...luding EGUSD and Mr. Johnson, Los Rios Community College Districts, Consumnes River College, and the student I.J. Plaintiffs allege causes of acton for negligent supervision of students and school premises; violation of California Constitution Article 1, and Education Code S 8202; assault and battery; and negligent infliction of emotional distress. Plaintiffs allege I.V. and I.J. were students at Valley High School, an EGUSD campus, of which Mr. ...

Excerpt: ...ust be separated by a hard 8 h" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. This acton arises from a purchase order that DGS issued on March 27, 2020, to buy personal protective equipment ("PPE") from Bear Mountain. Bear Mountain filed its original Complaint against DGS on December 15, 2020, alleging a single cause of achon for breach of contract. Bear Mountain alleges it ac...

Excerpt: ...al date was set for October 11, 2022, and trial is currently set for October 2, 2023. However, as the issue was not raised in the opposition, the Court presumes for the purposes of this motion that the parties have agreed to extended deadlines. Pursuant to Code of Civil Procedure section 2024.060: Partes to an acton may, with the consent of any party affected by it, enter into an agreement to extend the tme for the completion of discovery proceed...

Excerpt: ...NOPPOSED and GRANTED. SSR and Seefeldt filed their operative second amended complaint ("SAC") on October 24, 2018. Plaintiffs assert causes of action for fraud, conversion, theft, breach of fiduciary duty, misappropriation of proprietary information, negligence, indemnity, fraudulent conveyances, financial elder abuse, and constructve trust. Co-defendant Garth Covert was dismissed on November 8, 2018. SSR is a corporation acting as an insurance b...

Excerpt: ...int on January 26, 2021, which alleges causes of action for general negligence and professional negligence. Plaintiff alleges that she came under the care of Defendants for dental services and suffered serious complications from a lidocaine injection, which complications included lockjaw. (Complaint, Attachment to Cause of Acton — Professional Negligence.) Defendants move for summary judgment on the ground Plaintiff cannot establish breach of t...

Excerpt: ...pposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff's counsel is admonished for failing to comply with CRC rule 3.1110(f)(4). Exhibits must be separated by hard paper or with plastic tabs extending below the page. Specially appearing Defendant Robert Grasso's ("Grasso") motion to quash service of summons and complaint is ruled upon as follows. Background This is an alleged ch...

Excerpt: ...ry action by filing a complaint on October 5, 2022. In the complaint, Plaintiff alleges that on October 6, 2020, as she was exiting the vehicle being operated by an unidentified Uber driver, the driver drove away before Plaintiff completed her exit, resulting in Plaintiff being dragged by the vehicle and suffering injury. (Complaint, p. 5.) Plaintiff served the complain on Uber on October 12, 2022. (ROA 7.) On November 4, 2022, Uber's counsel sen...

Excerpt: ...UNOPPOSED and ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Defendant and advise her of üJcal Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by t...