Excerpt: ...fficer. Santos served at Defendant State of California, Department of Forestry and Fire Protection (“Cal Fire”) between 2011 and 2016. In 2015, Cal Fire suspended Santos' peace officer status pending an administrative investigation. Cal Fire served Santos with a Notice of Adverse Action in April 2016 and dismissed him soon after. At some point, Cal Fire notified POST of Santos' dismissal, and POST changed Santos' peace officer status to “te...

Excerpt: ...sked Gabi to see the books and records for HnH. Gabi performed accounting services for HnH from 2005 through 2017. In response to the request Gabi threatened to expose personal and embarrassing information about Hindy to his friends and family and to falsely tell his community that he was committing crimes like money laundering through HnH. Hindy alleges that in reality, it was Defendants Gabi, Deloris Habibeh (“Deloris”) and Blessed Family T...

Excerpt: ...erview Plaintiff is the beneficiary of, and the Successor Trustee of the Morris 1997 Family Trust (“Trust”). Plaintiff's mother, June Morris (“June”) was a settlor of the Trust. Plaintiff alleges that in June 2015, June acquired property on behalf of the Trust (“Property”). The Property is within a Common Interest Development for which the HOA acted as a Homeowners Association. Plaintiff alleges that Omni was an agent of and acted as ...

Excerpt: ...d into commercial lease (“Lease”). Lal and Nijjar are collectively referred to herein as “Defendants.” The purpose of the Lease was to operate a liquor store. On December 31, 2018, Nijjar executed a guaranty agreement (“Guaranty”), personally guaranteeing the obligations of Lal under the Lease. The Lease was to commence February 1, 2019. Pursuant to the Lease, Defendants agreed to pay $2,123 in base monthly rent beginning August 1, 20...

Excerpt: ...tended to defendant. The proof of service filed on 11/16/2009 indicates the summons & complaint were served on defendant Hobdy by substituted service on “Jane Doe,” described as 50 year old female with black hair, brown eyes, weighing 160 pounds and being 5'5” tall, at 4938 49th Street in Sacramento on 11/5/2009. A default was subsequently entered against defendant Hobdy on 3/12/2010, followed by a default judgment of nearly $7,000. In 2019...

Excerpt: ...ly to complete the meet‐and‐ confer process in light of the Court's commentary on this discovery dispute but also to file no later than 9/3/2021 a joint statement for the Court. According to the declaration from defendants' counsel, plaintiff in pro per Vick declined to participate in not only the requisite meet‐and‐confer process but also the preparation of the requested joint statement from the parties. The Court now rules as follows. *...

Excerpt: ... the parties entered into in December 2019. Plaintiff commenced this action in May 2020 and personally served defendant in July 2020. Having not received any answer to complaint, plaintiff served by mail to Maryland (where defendant had relocated) a request for default and default judgment on 8/24/2020. According to the Court's file, both the default and default judgment were entered on 8/25/2020. The $12,861 judgment was in the principal amount ...

Excerpt: ...nt Olam West Coast, Inc. (“Olam”) filed a Memorandum of Costs on Appeal and requested $1,435,383.18 in costs ($1,469.50 for filing fees, $124.18 for preparation of reporter's transcript, $125.50 for transmitting, filing, and serving of record, briefs, and other papers, and $1,433,664.00 for premium on any surety bond on appeal). Plaintiff's motion is mainly brought to obtain proof that the costs claimed were actually incurred. In particular, ...

Excerpt: ...nd‐hour provisions. The class is defined as: “All nonexempt employees who have or continue to work for Defendant in California from August 4, 2016 through the earlier of either June 15, 2021 or the Preliminary Approval Date.” (Exhibit A at ¶¶ 1.3 and 1.9.) Defendant Von Housen's Sacramento, Inc. filed a notice of non‐opposition to the motion. In approving a class action settlement, the Court is to determine whether the settlement is fai...

Excerpt: ...rain warranty, and a 10‐ year 120,000 mile warranty extension. (Id. at ¶ 10.) Plaintiff alleges that, “during the express warranty period, the Vehicle developed various defects, including but not limited to, defects related to the power train system, including the engine, and/or transmission; and other defects.” (Id. at ¶ 11.) On or about October 27, 2020, Plaintiff presented the car to Defendant's repair facility with various concerns in...

Excerpt: ...arly identical grounds. Therefore, in the interest of efficiency, both Demurrers are addressed in this single tentative ruling. NY Life and Kaneski's Demurrers are both SUSTAINED WITHOUT LEAVE TO AMEND for the following reasons. Procedural History This is NY Life's third Demurrer and Kaneski's first Demurrer. The Court sustained NY Life's first demurrer as to the sixth cause of action for receipt and possession of stolen property in violation of ...

Excerpt: ...parties and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact the responding parties prior to hearing, moving counsel is ordered to appear at the hearing. Defendant's request for judicial notice of Botox Cosmetic labels accessed via the FDA website is unopposed, but is denied as these are not the proper subject of judicial notice. “Simply because...

Excerpt: ...nd automobile accident in Folsom, California. Included within the Extended Benefits Coverage are two separate types of coverage: Wage Earner Disability Benefits and Essential Services Disability Benefits. Generally, Wage Earner Disability Benefits coverage applies to an insured's claimed lost wages during a time of total disability caused by an automobile accident. Essential Services Disability Benefits coverage applies to expenses incurred by an...

Excerpt: ... of a peremptory writ with the Third District Court of Appeal, which Judge Burger‐Plavan granted. (ROA 181.) Plaintiff filed a peremptory writ, and the Third District Court of Appeal issued a peremptory writ of mandate directing the respondent court to vacate the order granting the motion for judgment on the pleadings. (ROA 187.) The Remittitur and Order were issued and served on 4/6/2021. (ROA 187.) Due to court congestion, the Remittitur was ...

Excerpt: ...ich is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Gregg Haworth's (“Defendant”) motion for summary judgment is ruled upon as follows. Overview This is an action concerning the sale of real property (“Property”). Plaintiff initially acted in pro per and filed his verified complaint on 5/7/2019 on a Judicial Council form. Plaintiff alleges that on 11/15/2016, he entered into a written...

Excerpt: ...*** Defendant United Parcel Service, Inc.'s (“UPS”) demurrer to Plaintiff Madisun Eisenbeis' (“Plaintiff”) complaint is ruled upon as follows. Overview Plaintiff alleges that sometime before 7/5/2020, she applied for work with UPS. She alleges that UPS, through co‐defendant Kevin Hollingsworth (“Hollingsworth”), offered her a position as a personal vehicle driver. At the time of the offer UPS knew that Plaintiff was employed elsewhe...

Excerpt: ...ion 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 advantage of the natural contours between their two respective properties to install drainage tubes that direct all of their dog‐feces contaminated water runoff on to the Reeds' property, befouling the Reeds' backyard and destroying the...

Excerpt: ...lso authorizing three particular members of the Association's Board of Trustees to take control of the Association's accounts held at Chase Bank is ruled on as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises from a dispute relating to the control of the assets including bank accounts of the Association, a nonprofit corporation formed for the purpose of becoming the...

Excerpt: ... One, is DENIED. This matter involves an agreement in which Plaintiffs hired CEE to construct gas processing facilities. Disputes have since arisen over, among other things, the cost of the facilities and obligations to pay. On May 3, 2021, Plaintiffs served Requests for Admissions, Set One. (Block Decl. ¶ 6.) CEE served written responses on June 2, 2021. (Block Decl. ¶ 7.) The parties then met and conferred and agreed any supplemental response...

Excerpt: ...ing sourdough bread. Until 2016, Plaintiffs operated their sandwich restaurants under a license issued by Defendants, which allowed Plaintiffs to use Defendants' trademarks. Pursuant to the license, Plaintiffs promoted their restaurants under the name “Sourdough & Co.” Plaintiffs terminated their licenses in 2016 and executed new licenses with WCSD, Inc. Plaintiffs then began operating their restaurants under the name and brand “West Coast ...

Excerpt: ...follows. Defendants request for judicial notice is granted. Plaintiff originally filed this purported class action on February 19, 2021, alleging claims for failure to pay wages, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to pay wages on termination, and unfair business practices. (ROA 1.) Plaintiff then filed the operative Amended Complaint on April 29, 2021, which alleges only a singl...

Excerpt: ... at that time was the bankruptcy estate of Rock Ridge Properties, Inc. for Bankruptcy Case No. 15‐29103‐D ‐7 filed in the United States Bankruptcy Court for the Eastern District of California. The trustee of the bankruptcy estate was Susan K. Smith (“Smith”). In January 2019 Smith indicated that she was going to sell the Property to use the proceeds to pay creditors of the bankruptcy estate. Such a sale would have had the effect of canc...

Excerpt: ...g 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 James Koch and Yvonne Koch's (“Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. This is a personal injury action. Plaintiff Anita Lamb (“Plaintiff”) alleges that on October 25, 2017, she tripped on a co...

Excerpt: ...ement to produce documents in response to requests for production sets one, two, and three. The court's ruling stated in its entirety: “Plaintiff's motion to compel Defendant Hunter Services, Inc.'s (“Hunter”) compliance with its agreement to produce documents in response to requests for production sets one, two, and three is ruled upon as follows. The court observes that Hunter filed a untimely “non‐opposition” to the motion. The “...

Excerpt: ...FI”) consisting of customer names, addresses, dates of birth, social security numbers and account information. The 1AC asserts that an employee of Bank downloaded customer data to a personal storage drive and then sent the information to a third party, thereby exceeding his/her authorized access to the data which was otherwise limited to “legitimate bank purposes.” (1AC, ¶1.) According to the 1AC, Bank discovered the breach on 9/29/2020 bu...