Excerpt: ...ime/caps pursuant to Cross‐Complainant's company policy. Prior to holding the role of Financial Manager/Financial Controller, Byrd was CrossComplainant's Human Resources Manager and was largely responsible for drafting Cross‐Complainant's policy on vacation time and accrual rates. (First Amended CrossComplaint (“FAXC”) ¶¶ 4‐5.) Between March 2020 and September 2020, Byrd intentionally paid herself more than the allowed accrual rate fo...

Excerpt: ...nd motion to declare the Yeagers vexatious litigants follows this Court's prior ruling of September 26, 2018, which found the Yeagers to be vexatious litigants. (ROA 125.) In support of the prior motion, 14 of the Yeagers' prior litigations were submitted. This Court found eight of those satisfied the vexatious litigant statute, and because that exceeded the five required by CCP § 391(b)(1), held there was “no need to consider” the remaining...

Excerpt: ...s admitted related to Defendant's Request for Admissions, Set Two is DENIED as follows. At the outset, moving counsel is reminded that, in the future, multiple discovery motions should not be combined into a single motion. This motion seeks multiple forms of relief regarding four separate forms of written discovery, each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is pre...

Excerpt: ...f Evidence in Support of Plaintiff Zaka Vera's Motion for Order Compelling the Deposition of Jerry Mina, including Exhibits H and R, filed with this Court on or about March 24, 2021.” (ROA 288.) Plaintiff's request is granted insofar as 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 thos...

Excerpt: ...it account with Plaintiff. On January 5, 2021, the Court granted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he was driving a motor vehicle at the time of the incident, that he failed to drive with reasonable care, that he was the sole cause of the collision with the insured, that he caused the vehicle to be involved in a co...

Excerpt: ...&S to release the mechanics' lien. (ROA 1.) ProFrame moves to compel arbitration pursuant to the Purchase Order Agreement (the “Purchase Agreement”) the parties entered into on February 10, 2021. The Purchase Agreement is for ProFrame to supply roof trusses to a work of improvement known as The Mansion Apartments located at 700 16th Street and/or 1517 H Street, Sacramento, CA 95811 (the “Project.”) (Withee Decl. ¶ 2, Exh. 1. (Purchase Ag...

Excerpt: ...��MKI”), dba Precision M.D. Cosmetic Surgery Center (“Precision”) and Mahmoud Khattab ("Khattab") (collectively “Plaintiffs”) allege that Defendants formed a joint plan to defraud and deceive MKI. Plaintiffs allege that MKI employed licensed and experienced plastic surgery medical staff, but Precision is now operated by another medical doctor, and the practice of medicine and all medical personnel are supervised by this doctor. MKI curr...

Excerpt: ... motion for summary judgment. (ROA 53.) On 7/28/2021, Plaintiffs dismissed the action without prejudice. (ROA 65.) Defendant filed its memorandum of costs on 8/17/2021. (ROA 69.) Defendant seeks a total of $9,021.35 in costs. Legal Standard “[T]he Legislature enacted Code of Civil Procedure section 1033.5, to expressly define the term “costs” as used in Code of Civil Procedure section 1032, the principal statute governing the right of a pre...

Excerpt: ...ssed 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/Cross‐Defendant Norman S. Wright Mechanical Equipment Corp.'s (“NSW”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is an action involving the construction of the Hampton Inn, a fo...

Excerpt: ...ing 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. *** Defendants Matheson Postal Services, Inc. (“MPSI”) and Darrel Cowan's (“Cowan”) (collectively “Defendants”) motion for summary judgment against Plaintiffs Jason (“Jason”) and Robert Jaffe's (“Robert”) (collectively “Plaintiffs”) complaint is ruled upon as fo...

Excerpt: ...ntiff alleges that in about 2017 and 2018, Plaintiff, and Defendants Zhong and Xie entered into discussions concerning the possibility of a joint enterprise of cultivation cannabis in Mendocino County, California. (Complaint, ¶ 12.) Plaintiff, Zhong and Xie agreed that if properties could be located and a license obtained for cultivation cannabis in Mendocino County, Plaintiff, Zhong and Xie would each own thirty‐ three 1/3 each of the enterpr...

Excerpt: ...Rule 3.1110(b)(1). All of the reply papers fail to comply with CRC Rule 3.1110(b)(1) and (3)‐(4). Factual Background This lawsuit arises out of a September 2020 contract whereby FTP agreed to construct a pool for defendants, who in turn agreed to pay for the pool. The parties agreed to a first addendum to the contract in early November 2020 and a second addendum in January 2021, with the latter calling for a final payment of roughly $12,500 fro...

Excerpt: ... 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 tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Factual Background According to the 2AC, plai...

Excerpt: ...n action was commenced on 8/2/2019 and on 1/21/2020, plaintiff filed a proof of service which avers that substituted service of summons & complaint was effected on defendant Scurlock on 1/15/2020 at 3257 12th Avenue in Sacramento. More than a year later plaintiff filed on 5/5/2021 a request for entry of default and default judgment against defendant Scurlock. Default was entered the same date, with a default judgment for just over $4,000 later en...

Excerpt: ....1110(a). Factual Background This personal injury action arises out a 2017 motor vehicle accident. Trial was originally set to commence in 2019 but it has been continued several times. Relevant here is the most recent trial date of 7/12/2021, before which the parties made their initial expert designations on 5/24/2021 and based on this date, the parties' supplemental designation of experts, if any, were due on or before 6/14/2021 (since 6/13/2021...

Excerpt: ... 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 tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Both the movin...

Excerpt: ...ll as business entities At Home Electric and Heath v. Fulkerson LLC and files this their Complaint against Albert & Mackenzie, Jeremiah Brasher, and The Hartford, and in support thereof would show the following to wit: That the Plaintiff, Heath V. Fulkerson, is an adult resident citizen of Lassen County, California, and that said Plaintiff is licensed to do business and is doing business in the State of California. That the Defendant, Albert & Ma...

Excerpt: ...s exiting the mini mart he was distracted by large bright colored marketing posters placed at or near the gas pumps. Plaintiff took two steps off the curb and tripped on an unpainted wheel stop parking block. On May 17, 2021, Plaintiff served his Request for Production of Documents, Set One on Defendant. On July 16, 2021, Defendant served its responses. Thereafter, the parties exchanged meet and confer correspondence but were unable to resolve th...

Excerpt: ...ubject property from January 11, 2014 until June 28, 2018. (FAC ¶ 12.) After Plaintiffs moved in, Plaintiffs noticed the following defective conditions: (1) non‐functioning electrical outlets; (2) sewer problems; (3) construction dust; (4) faulty air‐conditioning unit; (4) termite damage; (5) biological contaminants due to water intrusion; and (6) insufficient weatherproofing. (FAC ¶¶19‐32.) Plaintiffs allege they were not aware of the d...

Excerpt: ...ion and disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”) and whistleblower retaliation in violation of the Labor Code and Health and Safety Code. (ROA 49.) Plaintiff alleged she was retaliated and discriminated against based upon her uterine fibrosis and that she was fired because she reported a patient safety event. On July 29, 2021, the Court granted Defendant's motion for summary judgment. (ROA 203.) D...

Excerpt: ...led her Complaint on December 14, 2020. Defendant filed a demurrer, which was granted on May 20, 2021. (ROA 19.) Plaintiff filed her FAC on June 1, 2021. The FAC alleges that Defendant discriminated and retaliated against her in violation of the Americans with Disabilities Act (the “ADA”). Plaintiff alleges that she developed drug induced Dermatomyositis and drug induced Chronic Fatigue Syndrome. (FAC ¶ 2.) Plaintiff alleges she was employed...

Excerpt: ...oon”) joinder is denied. Greenspoon proffers no legal authority that a joinder is appropriate here, especially given that Greenspoon was dismissed from this action on May 29, 2018. (ROA 30.) The notice of hearing does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct time or department for the hearing on this matter. Moving counsel is directed to contact Plaintiffs' couns...

Excerpt: ..., alleging a number of claims under FEHA, including: (1) sexual orientation discrimination; (2) sexual harassment; (3) race discrimination; (4) disability discrimination; and (5) wrongful termination. Plaintiff alleges she suffered severe emotional distress, humiliation, and mental anguish and seeks punitive damages. Defendant's counsel sent a meet and confer letter on July 7, 2021, regarding the issue, but did not follow‐up and never received ...

Excerpt: ...ises from an alleged assault and battery that took place in the street in front of property owned and rented out by Moving Defendants. Plaintiff contends Moving Defendants were negligent in that they rented the property to a dangerous tenant. Moving Defendants seek summary judgment or adjudication on the ground that they did not owe any duty to Plaintiff for an assault that occurred in a public street between Defendants' tenant (defendant Bryan H...

Excerpt: ...ollows. Defendants' request for judicial notice of the Church's Articles of Incorporation filed with the Secretary of State is granted. Plaintiff filed action on July 17, 2020. On April 22, 2021, the Court sustained Defendants' demurrer to the Complaint on all grounds, but granted Plaintiff leave to amend. Plaintiff filed her FAC on April 30, 2021. (ROA 24.) The FAC continues to assert a single cause of action for breach of trust pursuant to Corp...