Excerpt: ...d motion matters. *** Defendants the Pi Kappa Alpha International Fraternity, Inc. (“PIKE”) and Theta Tau Chapter of the Pi Kappa Alpha's (“Chapter”)(collectively the “Fraternity Defendants”) demurrer to Plaintiffs William Molina and Donna Goles' (collectively “Plaintiffs”) second amended complaint (“SAC”) is ruled upon as follows. The Fraternity Defendants' request for judicial notice is granted. In taking judicial notice of ...

Excerpt: ...posing party and advise opposing party of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving party is unable to contact opposing party prior to hearing, moving party is ordered to appear at the hearing by Zoom or by telephone. Factual Background This lawsuit appears to be the next chapter of a longstanding feud between the parties which dates back to at least the early 2000s, when EMI obtaine...

Excerpt: ...l counsel are reminded that the Court's CCMS system allows the public to electronically access and view all pleadings and documents once they are filed unless the Court orders otherwise. Thus, it is imperative for counsel to appropriately redact all pleadings and documents before filing. If plaintiff and/or defendant desire to shield such personal information from the public's view, either may promptly file an appropriate motion to seal such reco...

Excerpt: ...oved as directors and evicted from the garden. On September 9, 2021, Plaintiff Moore served the subject demand for inspection with an inspection date of October 14, 2021. Plaintiff Moore seeks to inspect plots A11 (the “Rental Plot”) as well as FB, F3, and F12 (collectively the “Food Bank Plots”). The inspection demand states in relevant part: "[T]he inspection and photograph/video taking will include the contents of each listed growing b...

Excerpt: ... be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Allegations This action arises out of Allstate's handling of a claim submitted by plaintiffs under their homeowner's insurance policy. Plaintiffs allege their home sustained fire damage in September 2019 and they subsequently filed a claim with Allstate but Allstate “denied Plaintif...

Excerpt: ...relationship, negligent interference with economic relationship, intentional interference with prospective economic advantage, negligent intentional interference with prospective economic advantage, intentional interference with contractual relationship, and civil conspiracy. The Complaint was filed by William D. Burger, Jr. and Caitlyn M. Hobbs of Strongin Burgner, LLP. Defendant has a special motion to strike set to be heard on November 3, 2021...

Excerpt: ...dant moves on the ground that Plaintiff has failed to appear for her deposition as detailed below. In June of 2020, Defendant requested to take Plaintiff's deposition. (Ritton Decl. ¶ 13, Exh. I.) After Plaintiff's counsel did not provide a definitive date, defense counsel unilaterally noticed Plaintiff's deposition for August 12, 2020. (Ritton Decl. ¶ 3, Exh. D.) According to Plaintiff's counsel, prior to setting the deposition, he had request...

Excerpt: ... 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 not requested. The Court will not re...

Excerpt: ... of medical information. Plaintiffs allege that on July 25, 2009, at a civil harassment restraining order hearing, information about Ms. Bacco‐Scribner's June 23, 2019, emergency room medical treatment at MMC was disclosed. (FAC ¶ 11.) The FAC alleges MMC performed an audit that revealed defendant Jennifer Croff, Lead Officer Administrator of Pacific Medical, Inc., wrongfully accessed Ms. Bacco‐Scribner's medical records using the Epic porta...

Excerpt: ...nd repair history. Plaintiff filed the Complaint on June 11, 2021, alleging the following causes of action: (1) violation of Consumer Legal Remedies Act § 1750 et seq.; (2) fraudulent misrepresentation; (3) negligent misrepresentation; (4) negligence per se, Vehicle Code § 11713; (5) violation of California Penal Code § 496; (6) violation of Business Code §§ 17200 et seq.; and (7) claim on statutory bond. Defendant demurs to each cause of ac...

Excerpt: ...tiff Michael Giambona's second amended complaint (“SAC”) is ruled upon as follows. This action arises out of Plaintiff's 2018 purchase and subsequent use of a Shiatsu Massage Pillow, which is alleged to have caused Plaintiff to suffer a stroke and various other injuries. Defendant demurs to the intentional misrepresentation (COA 3), negligent misrepresentation (COA 4), and concealment (COA 5) causes of action on the ground that Plaintiff fail...

Excerpt: ...ants Bruce Edward Foggy (“Foggy”) and Martha Tufo's (“Tufo”)(collectively “Defendants”) demurrer to Plaintiffs Helen Darbison (“Darbison”) and Ellie Longanecker's (“Longanecker”)(collectively “Plaintiffs”) complaint is ruled upon as follows. Trial is scheduled for 1/11/2022. Overview This is an elder abuse action. Plaintiffs allege that Darbison is over 65 years old. After undergoing a total right hip Arthroplasty, Darbiso...

Excerpt: ...font size and line‐ spacing requirements set forth in CRC Rules 2.104 and 2.108 in an apparent attempt to circumvent the 15‐page limitation found in CRC Rule 3.1113(d). Plaintiff and her counsel are advised that future filings which do not comply with the applicable Rules of Court may be stricken. Factual Background Plaintiff, an employee of a child day care center, brings this action for malicious prosecution against defendant, alleging defe...

Excerpt: ... Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from plaintiff's employment with City, where she began working in 2014. The 1AC purports to assert 11 separate causes of action (“COA”) consisting of harassment and discrimination based on both age and gender; retaliation under both the Fair Employment and Housing Act (“FEHA”...

Excerpt: ...osing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Specially appearing Cross‐Defendant Roger Duke's motion to quash service of summons of Michel J. Orradre and Mary F. Orradre as Trustees of the 1988 Orradre Revocable Trust dated April 26, 1988 (“Cross‐Complainants”) Cross�...

Excerpt: ...the account number ended in 1005 (the “Account”) on October 28, 2019. Defendant agreed to be bound by the terms and conditions set forth in the card member Agreement when Defendant applied, for received, or used the Account. In addition, the card member Agreement provides that use of the card constitutes acceptance of the agreement. After Defendant received the credit card, purchases were made by the use of the Account and charging of various...

Excerpt: ...ff Onte Burns‐Robinson's (“Plaintiff”) motion for relief from stay, dismissing the Plaintiff's class claims without prejudice, and granting Plaintiff leave to file a Second Amended Complaint (“SAC”) is GRANTED as follows. On January 28, 2021, this Court granted Defendant's motion to compel arbitration ordering Plaintiff to arbitrate his wage and hour individual claims, while staying his class and representative PAGA claims pending the r...

Excerpt: ...nterest community known as Eskaton Village in Grass Valley ("Village"), which includes 267 housing units, of which 130 are owned separately by individual homeowners. These 130 individually‐owned single family residences are referred to as the "Patio Homes." The remaining 137 units are located on a parcel that contains a Lodge" with 137 rental apartment units that are mixture of assisted living and independent living apartments. On November 19, ...

Excerpt: ...tters. *** Defendant Isaac Tillman's (“Tillman”) demurrer to Plaintiff Shane Kennedy's first amended complaint (“FAC”) is ruled upon as follows. This action relates to an action filed by Dalila Fontana (“Fontana”). Tillman has filed a concurrent demurrer to Fontana's first amended complaint. (See Item # 10.) In this action, Plaintiff alleges that Tillman was his direct supervisor from May 2016 until 2019. In November of 2017, Plaintif...

Excerpt: ... issue in this lawsuit. (SAC ¶¶ 5 & 26.) Plaintiff alleges that HMA runs and advertises a certification program in which its used vehicles are certified by HMA‐ authorized retailers as being in pristine condition (“CPO Program”). (SAC ¶¶ 16‐17.) HMA advertises that: “Each Hyundai Certified Pre‐Owned vehicle must meet age and mileage requirements, have a clean title verified by CARFAX®, and pass an extensive 173‐point mechanical...

Excerpt: ...x and disability based employment dispute. As relevant to this litigation, Plaintiff worked for CHP as a Data Processing Manager I from 2014 until Plaintiff was demoted in 2019. (FAC ¶ 7.) Defendant/non‐moving party Isaac Tillman (“Tillman”) was Plaintiff's supervisor and a Division Chief for CHP. (FAC ¶ 12(a).) Plaintiff alleges that all defendants were the agents and employees of each of their co‐defendants and were acting in the cour...

Excerpt: ... 4th Avenue, Sacramento, California (the “Property”). Plaintiff and Defendant participated in a Mandatory Settlement Conference on January 30, 2019, in Department 59 and executed a written “Stipulation for Settlement Code of Civil Procedure Section 664.6; Order” (the “Stipulation”). An Order was signed by Judge Davidian that same day. (ROA 23.) Pursuant to the Stipulation, Defendant was to sell the Property and pay Plaintiff $12,000 f...

Excerpt: ...al., in the U.S. District Court, Eastern District of Tennessee, Case No. 4:16‐cv‐00117‐HSM‐CHS, is granted. In taking judicial 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 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (20...

Excerpt: ...s commenced on July 24, 2019, by the Attorney General of California on behalf of the People of this state. The complaint generally alleges that MAF, identified as a California Nonprofit Public Benefit Corporation, and the individual defendants engaged in a variety of wrongdoing including breaching fiduciary duties, self‐ dealing, engaging in deceptive and misleading solicitations, and violating applicable statutes and regulations. On April 2, 2...

Excerpt: ...otify responding party immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact responding party prior to hearing, moving counsel is ordered to appear at the hearing. Defendants' request for judicial notice of Court Orders in other actions is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Profe...