Excerpt: ... Exhibit A (a Court Order on a motion for summary judgment in a separate action filed in the Los Angeles County Superior Court), the court accepts the fact of its existence, not the truth of its 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 (2012) 204 Cal.App.4th 112, 120‐121 [�...

Excerpt: ...be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Plaintiff Citizens Insurance Company of America's (“CICA”) motion for summary judgment, or in the alternative, summary adjudication against Defendant American Economy Insurance Co. (“AEIC”) is DENIED. CICA's and AEIC's requests for judicial notice ar...

Excerpt: ...e 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. *** Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Factual Background This action was commenced on ...

Excerpt: ...l Notice Plaintiffs' Request for Judicial Notice is granted as to Exhibit 5, Plaintiffs' Second Amended Complaint. The Court declines to take judicial notice of the other exhibits because they were not relevant to the Court's determination of this motion. Overview This is an action between neighbors. Defendants' property sits 15‐20 feet above Plaintiffs' property to the north on a hill. Plaintiffs allege that “[Defendants] Wills have taken ad...

Excerpt: ...able to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The opposition fails to comply with CRC Rule 3.1113(f). Overview This is a lemon law action arising from plaintiff's purchase of a 2018 Jeep Cherokee. Plaintiff, represented by The Barry Law Firm, filed suit in June 2019 and ultimately agreed in July 2021 to accept defendants' Code of Civil Procedure §998 offer of $27,00...

Excerpt: ...ffs' 1AC advances against several defendants causes of action for medical malpractice, negligent hiring/supervision, negligent infliction of emotional distress and intentional infliction of emotional distress (“IIED”) based on conduct occurring in the spring of 2020, when plaintiff Leslie White was suspected to have suffered a heart attack. In pertinent part, the 1AC specifically alleges in the “Factual Allegations” section the following ...

Excerpt: ...s the Patient Portal to be secure but when a person uses the Portal, Sutter discloses certain information about such use to Facebook, Google, and other third parties. For example, Plaintiffs allege that upon signing into the Patient Portal, Sutter discloses the fact of the sign in and each patient's personally identifiable information to Facebook, Google, and Crazy Egg. (2AC, ¶¶ 5b, 8.) Once signed‐in, if a patient clicks to view allergies, a...

Excerpt: ...oyers: CVS Caremark, MBLOX, and Globetrend Consulting. (Opp. 4:17‐18.) DHCS also states that it has withdrawn the subpoena served on MBLOX because the company informed DHCS that it had no responsive records. (Curran Decl. ¶ 2.) DHCS does not state whether it has in fact withdrawn the subpoenas issued to Adobe, Xinet North Plains, Chela Financial Resources, or Sentry Alarm Systems as well. Therefore, based on the statements in DHCS's Opposition...

Excerpt: ...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 business‐related claims against Barnum and two other defendants. White alleges that in 2015, he and others decided to start a restaurant ente...

Excerpt: ...t August 22, 2017, Cross‐Complaint entered into a commercial lease agreement with Lakeside for property in Folsom, CA. On or about January 15, 2018 and February 2, 2018, Cross‐Defendant Kenneth Roebbelen (the sole owner of Lakeside) physically visited the premises, yelled at Cross‐Complainant's employees, threatened Cross‐Complainant's employees, and threatened to throw property out on the curb. Cross‐Defendants also harassed Cross‐Co...

Excerpt: ...epresents the Patient Portal to be secure but when a person uses the Patient Portal, Sutter discloses certain information about such use to Facebook, Google, and other third parties. For example, Plaintiffs allege that upon signing into the Patient Portal, Sutter discloses the fact of the sign in and each patient's personally identifiable information to Facebook, Google, and Crazy Egg. (2AC, ¶¶ 5b, 8.) Once signed‐in, if a patient clicks to v...

Excerpt: ...ce of the trial payment plan (the “TPP”) and loan modification documents on the ground that the SAC references the documents extensively, but fails to attach said documents to the SAC. Plaintiffs object on the grounds that the documents are subject to reasonable dispute and the SAC does not rely upon the terms stated in the documents. Defendant's request for judicial notice is granted as the SAC references the documents throughout and, theref...

Excerpt: ...undefined or are ambiguous, etc., such objections are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3.1352, 3.1354.) The Court does not rule on Defendant's objections to evidence filed in support of the reply as they were related to evidence that was not considered or otherwise material to the Court's adjudication of the motion pursuant to CCP § 437c(q). This action arises from an incident that occur...

Excerpt: ...endant”) purported failure to pay overtime and minimum wages, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, and failure to reimburse expenses. Plaintiff further alleged Defendant's policies and practices resulted in unfair competition and violated PAGA. Defendant denies the allegations, but the parties have been able to reach a compromise. Settlement Class Definition Plaintiff...

Excerpt: ...ed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Hume Lake Christian Camps, Inc.'s (“Hume Lake”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. The court considered Hume Lake's reply although it was filed one day late. I. Overview This is a personal i...

Excerpt: ...ndants") Plaintiff contends Defendants were negligent in that they rented the property to a dangerous tenant. On 9/23/2021, the court tentatively denied Defendants' motion for summary judgment, and took the matter under submission. The ruling remains under submission. No trial is scheduled. Plaintiff moves to amend his complaint to strike out the following allegations: "19. Plaintiff is informed and believes that Defendants knew or should have kn...

Excerpt: ...matters. *** Plaintiff Michelle Watterson's (“Watterson”) motion to compel further responses to request for production of documents is ruled upon as follows. This is a personal injury action arising out of Plaintiffs Michelle Watterson, Christian Martinez, Barbara Coulombe and Kathleen Le's alleged exposure to hazardous chemicals on 5/11/2016 while working at a laboratory at California State University at Sacramento. Plaintiffs filed suit in ...

Excerpt: ...false light, intentional infliction of emotional distress, violation of civil rights and invasion of privacy. According to the complaint, the events giving rise to these causes of action generally occurred between December 2019 and September 2020. In August 2021 plaintiff's counsel issued a records subpoena to Kaiser Permanente asking for “All medical records reflecting the mental health of [defendant] Singh…generated between…January 1, 202...

Excerpt: ...is requested notify the clerk and the opposing party of the specific discovery 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 is advised that where discovery responses (as opposed to further responses) are sought, the discovery requests need not be included with the moving papers. Proof of the discover...

Excerpt: ...t 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. *** Factual Background This is an action for breach of two promissory notes. Plaintiff Williams alleges that in May 2009, defendant S360 Holdings, LLC entered into the first promissory note in the amount of $500,000 which was secured by a Deed of Trust on the property that was being fin...

Excerpt: ...ntact counsel for opposing 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). Plaintiff Jeanie Larson's motion to quash six deposition subpoenas is ruled upon as follows. Request for Judicial Notice Defendant's request for judicial notice of the first amended complaint and answer filed i...

Excerpt: ... motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. This action arises out of damage suffered to plaintiff Erica Gonzales' (“Plaintiff”) vehicle when it struck several parked cars. Plaintiff was not driving the vehicle at the time of the accident. Plaintiff filed her Complaint on June 16, 2020, alleging the follow...

Excerpt: ...able 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). Defendant in Pro Per Krystina Maurer's Motion for Summary Judgment is GRANTED as follows. Overview In September 2018, the time of the incident that forms the basis of this lawsuit, Plaintiff's son and Defendant were going through divorce proceedings and living separately. At the time of the inciden...

Excerpt: ...l Allegations On or about October 2017, Plaintiff was hired to work for Employer and ultimately worked as a Licensed Broker Service Representative. (Complaint ¶ 10.) On or about June 2020, Plaintiff had a high‐risk pregnancy and informed her supervisor that she was pregnant and would require pregnancy disability leave due to her high risk pregnancy. Plaintiff's supervisor instructed Plaintiff to request her disability leave through Defendant's...

Excerpt: ...n Cross‐Complainant Janak K. Mehtani (“Mehtani”) and Cross‐Defendant Raj Sharma (“Sharma”) and a lease agreement between CrossComplainant Town and Country West G.P. (“Lessor”) and Cross‐ Defendant Eden Gardens Center, LLC (“Lessee”). Mehtani is the managing partner of Lessor and Sharma is the CEO of Lessee. Joint Venture Agreement On or about March 31 through April 2, 2018, Sharma and Mehtani entered into a written joint ven...