Excerpt: ...rs until his involuntary termination on or about November 20, 2020. (Complaint ¶ 17.) Plaintiff's last position was Team Lead and Plaintiff was 55‐years old at the time of termination. (Complaint ¶ 17.) On or about February 22, 2019, Plaintiff suffered a workplace injury resulting in a disabling hernia condition that required modified duty for Plaintiff. (Complaint ¶ 18.) While on modified duty, Plaintiff's supervisor, Ryan Smith, forced Pla...

Excerpt: ...nt to CCP §425.16. (ROA 152, 8/4/2021 Order.) In denying the antiSLAPP motion, this Court found that Parker failed to satisfy his threshold burden to show that Plaintiffs Freidberg Law Corporation and Freidberg & Parker, LLP's (collectively “Freidberg”) Third Amended Complaint arose from protected activity. In so ruling, this Court concluded that Parker had not established that O&C Creditors Group, LLC v. Stephens & Stephens XII, LLC (2019) ...

Excerpt: ...ar degeneration and began receiving injections in his eyes. He alleges that dismissed defendant California Pharmacy and Compounding Center, Inc. (“CPCC”) compounded the injected drug‐‐Bevacizumab‐‐and sold it to Defendant, which administered the injections. Bevacizumab is an "off label use of Avastin." According to Defendant, he received an injection from a syringe that CPCC supplied and that was contaminated with silicone. The contam...

Excerpt: ...dant Board of Trustees of the California State University's (“Board”) demurrer to Plaintiff Angela Sutherland's third amended complaint (“TAC”) is ruled upon as follows. Overview This is a FEHA disability, gender, age discrimination, harassment, retaliation, and failure to accommodate action. Plaintiff also asserts associational disability discrimination, harassment and retaliation due to her daughter's and sister's age, gender and disabi...

Excerpt: ... not the same as the caption on the original complaint. Plaintiffs' counsel is advised that the caption on the original complaint is the caption which should appear on all subsequent pleadings and this caption ordinarily does not change even with the subsequent addition or dismissal of parties. In addition, it appears that plaintiffs have over the course of this litigation added a number of new defendants but have not utilized the Doe amendment p...

Excerpt: ... Bank and gave a Deed of Trust (“DOT”) as security for payment of the loan. In 2014 plaintiffs obtained a modification of their loan, which modification included a variable interest rate that would adjust annually in August of 2019 through 2023 with the first adjusted payment being due on September 1 of each of those years. In 2018 the loan was assigned to US Bank and in 2019 Mr. Singleton filed for Chapter 13 bankruptcy protection. While the...

Excerpt: ...local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background In this putative class action plaintiff alleges that defendant City supplied and distributed “aggressive, corrosive, and substandard water” which caused properties plumbed with copper piping to experience “pinhole leaks” beginning in July 2020. The 1AC purports to assert five causes of action against City for negligence, nuisance, breach...

Excerpt: ...ue, Sacramento, CA 95820 (the “Property”). Ms. Gines is the sole member of Prestige. Ms. Gines contends the Property is her principal residence and home. According to Defendants (defined below), the Property is a commercial investment property. On or about October 16, 2018, defendant PS Funding, Inc. (“PS Funding”) and Ms. Gines entered into a Loan Agreement, whereby PS Funding agreed to Loan, and Ms. Gines agreed to borrow, certain sums ...

Excerpt: ...d. This action was initiated by Plaintiff as a borrower on multiple mortgage loans secured by real property located in Sacramento, California. Plaintiff financed the purchase with a first position mortgage loan in the amount of $275,000, secured by a Deed of Trust (the “Senior Lien”) that was recorded on or around June 9, 2006. (Complaint ¶ 12, Exh. A; RJN, Exh. 1.) Plaintiff later obtained a secondary loan in the amount of $30,000 secured b...

Excerpt: ...Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true].) The Court notes that the documents were immaterial to the Court's ruling on this Demurrer. This action for premises liability, wrongful death, and negligence arises out of the robbery and murder of decedent, Trevor Solari, at The Eleven Hundred Apartment property located in Sacramento, CA. The inciden...

Excerpt: .... Plaintiff Wendy Maciel filed a PAGA‐only action in San Diego County Superior Court on September 9, 2020. Plaintiff René Palacios filed a PAGA‐only lawsuit in Riverside County Superior Court on May 21, 2019. During the course of informal discovery, all three plaintiffs agreed to participate in a joint mediation session to try to achieve a global resolution of all claims. (Sansanowicz Decl. ¶ 17.) The parties reached a compromise after medi...

Excerpt: ...rst Amended Complaint that alleges claims for (1) failure to pay all overtime wages, (2) meal period violations, (3) rest period violations, (4) waiting time penalties, (5) wage statement violations, (6) unfair competition, and (7) PAGA penalties. Defendants deny the allegations, but the parties have been able to reach a compromise after mediation with David Perrault, Esq. on April 2, 2021. Although the mediation did not end with an agreement to ...

Excerpt: ...Overview Plaintiff seeks to compel Barnum's answers to the following two virtually identical deposition questions: 1. So is it your belief that the asset purchase agreement identifies a transfer of the website to you? 2. Mr. Barnum, is it your belief that the asset purchase agreement transfers ownership of the website to you? This lawsuit includes a mix of legal malpractice claims against a law firm and attorneys not party to this motion and busi...

Excerpt: ...nd”), Bio Matters, LLC (“Bio Matters”), and Global Consortium Group (“GCG”) filed objections to the subpoena and an opposition to this motion. This action was filed on June 22, 2020. As of this hearing, there have been eight motions to compel filed, one motion for protective order and to appoint a discovery referee, and two motions to compel subpoena compliance. Of these, six are pending before the Court, one was denied in part and gran...

Excerpt: ...scovery requests 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. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a personal injury action arising out of a trip‐ and‐fall at a Chevron gas station. The complaint alleges in Paragraphs 8‐9 that plaintiff tripped on a “curb/parki...

Excerpt: ...ial Facts and which of the opposing defendants' 25 Additional Material Facts 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. *** 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 corr...

Excerpt: ...osing party of the specific causes of action 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. *** Other than for purposes of satisfying the meet‐and‐confer requirements of Code of Civil Procedure §430.41, the Court considered neither the Collins Declaration filed in support of the present demurrer (along with its 100‐plus pa...

Excerpt: ... OSP's request for judicial notice of the files and records in this action and in Sacramento County Superior Court, case numbers 34‐2018‐00239612 and 34‐2018‐ 00239618 is unopposed and granted. Factual and Procedural Background This action arises from the fractured relationship between the Trust and OSP, and specifically OSP's manager, Roger Duke (“Duke”). The Trust has a 65% ownership interest in OSP, with 65% voting rights. Duke has...

Excerpt: ...ts director, Nicolas Maduros (collectively, “CDTFA”) on its sole cause of action for declaratory relief. The City's Complaint seeks a judicial declaration that: (1) Measure L, Resolution No. 20‐027, Resolution No. 20‐040, and Ordinance No. 21‐002, and each of them, are legally valid and enforceable; and (2) CDTFA bears a statutory duty to contract with the City to administer Measure L, Resolution No. 20‐027, Resolution No. 20‐040, a...

Excerpt: ...posed and granted. Factual and Procedural Background The City's Complaint seeks a judicial declaration that: (1) Measure L, Resolution No. 20‐027, Resolution No. 20‐040, and Ordinance No. 21‐002, and each of them, are legally valid and enforceable; and (2) CDTFA bears a statutory duty to contract with the City to administer Measure L, Resolution No. 20‐027, Resolution No. 20‐040, and/or Ordinance 21‐002 to impose the tax voters intend...

Excerpt: ... disposition of the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is no...

Excerpt: ...or Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff filed this action on September 21, 2020, alleging that on or about August 24, 2018, he was assaulted by one of Best Buy's security guards while shopping at a Best Buy store located at 1901 Arden Way, Sacramento, CA 95815. Plaintiff's original Complaint alleges several purported causes of action, which appear to include the following...

Excerpt: ...y Valenzano dba Plumbing Service Co.'s motion to compel further responses to discovery is ruled upon as follows. In this action, Plaintiff alleges that Valenzano was performing plumbing services at 1414 E Street, Sacramento, CA, a property owned by SMUD, when he caused a fire that spread to Plaintiff's property. Valenzano seeks to compel Plaintiff's further responses to request for admissions (set one), form interrogatories (set one), and request...

Excerpt: ...ction settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244...

Excerpt: ...cember 6, 2016, as to which Stillwater paid at least $1 in policy benefits, and whose actual cash value indemnity payment for repairs to the structure was decreased as a result of depreciation of one or more components of the structure that are not normally subject to repair and replacement during the useful life of the structure including but not limited to range hoods, countertop subdecks, cabinets and cabinet components, drywall, drywall textu...