Excerpt: ...the stay. The bankruptcy court has granted Plaintiff's motion for release from stay. Thus, the court may now hear the merits of the motion. The original tentative ruling from 1/12/2021 is repeated below. Defendant Scott Pierce's (“Pierce”) “motion to enforce order" is ruled upon as follows. This is an action for breach of guarantee. On 1/13/2020, the court granted Plaintiff Associate Materials, LLC's (“AML”) application for writ of atta...

Excerpt: ...rt's consideration of the motion. (CCP § 437c(q).) Requests for Judicial Notice Defendant's Request for Judicial Notice is GRANTED pursuant to Evidence Code § 452(h). Plaintiff did not submit a Request for Judicial Notice. Reply Declaration of Alan M. Laskin All evidence in support of a motion must be served along with the notice of motion and points and authorities. (CCP § 1005(b).) Defendant filed a second declaration of counsel with their R...

Excerpt: ...ntire Federal Insurance Company claims file regarding this matter from 01/01/2020 to the present, except for attorney client correspondence and attorney work product.” (Yuster Decl., Ex. 1 [underline emphasis added].) Following an unsuccessful meet and confer, Plaintiff filed this motion and requests that Ms. Brown be precluded from testifying and having to produce any documents in response to the deposition notice. Plaintiff argues that Ms. Br...

Excerpt: ...rCare, LLC, Proto Equity Holdings, LLC, Terpax, Inc., SSC Carmichael Operating GP LLC, SSC LP Holdings, Inc., SSC LP Holdings II, Inc., SSC Disbursement Company, LLC, California Holdco II , LLC, SSC Equity Holdings MT LLC, Master Tenant Parent Holdco II , LLC, Admin Parent Holdco, LLC and Disbursement Parent Holdco, LLC (collectively “Jurisdictional Defendants”) motion for protective order re: financial PMQ deposition and notices related to p...

Excerpt: ... section 1033.5 specifies which costs are “allowable” (id., subd. (a)), which are “not allowable ..., except when expressly authorized by law” (id., subd. (b)), and which may be allowed or denied in the Court's discretion (id., subd. (c)).” (Davis v. KGO‐TV, Inc. (1998) 17 Cal.4th 436, 441, superseded by statute on other grounds.) “An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may neve...

Excerpt: ...tiffs allege that Defendant committed dental malpractice against Caden by “pulling a running drill across [Caden's] cheek causing injuries.” (Complaint, ¶ 6.) Stephanie asserts a negligent infliction of emotional distress cause of action (“NIED”). She alleges that she was present when Caden was undergoing the dental treatment, that she was aware that Defendant was causing injury to Caden, and that she suffered serious emotional distress ...

Excerpt: ...ked 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 Tr...

Excerpt: ...ivil Procedure § 998, Defendant FCA US LLC (“FCA US), without admitting liability, hereby offers the following: 1. In exchange for the subject vehicle and a dismissal of this action with prejudice in its entirety, the sum of $31,000; and 2. In addition, FCA US offers to pay reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Civil Code § 1794(d) as stipulated by the parties or, if the parties cannot agree,...

Excerpt: ...ce of events leading up to the filing of this lawsuit, the Court summarizes those facts here, to wit: Plaintiff alleged that Defendant had falsely claimed that he had failed to maintain hazard/homeowners' insurance and thereby created impound accounts as to certain properties, and further alleged that Defendant had improperly claimed that Plaintiff's loan payments were delinquent, reported him to credit agencies for untimely payment, and initiate...

Excerpt: ...motion matters. *** Defendant the Regents of the University of California's (“Defendant”) demurrer to Plaintiff James Jahn's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an employment action. Plaintiff alleges that he was employed as an Information Systems Analyst 2 in the Information Technology Department of the UC Davis Medical Center, in Sacramento, California. (FAC, ¶ 11.) In May 2017, a coworker made a ...

Excerpt: ...n show that the parties met and conferred via email only (Mr. Harper on February 10, 2021: “I will just meet and confer via email.”) However, the meet‐andconfer requirements of CCP § 430.41 are not optional and parties must meet and confer “in person or by telephone.” Future meet‐and‐confer efforts pursuant to CCP § 430.41(a) shall be done “in person or by telephone.” Overview The Cross‐Complaint arises out of chiropractic c...

Excerpt: ...�and‐hour provisions. The class is defined as “All current and former non‐exempt Production employees employed by Alsco, Inc. dba Steiner Corporation in the State of California at any time from October 15, 2015 through October 25, 2020.” Defendant filed a notice of non‐opposition to the motion. In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of th...

Excerpt: ...again republishes the following tentative ruling that was originally published on June 7, 2021. Plaintiff Ethan Conrad's (“Plaintiff”) motion for right to attach order and order for issuance of writ of attachment against defendant Tamaraina Fogg (“Fogg”) is UNOPPOSED and is GRANTED as follows. This action involves a commercial lease entered into by Plaintiff and Fogg, dated August 6, 2019, for lease of certain commercial property located ...

Excerpt: ...plaint ¶¶ 9‐ 10.) On February 23, 2017, Plaintiff executed Defendant's Agreement to Mediate and Arbitrate Disputes (the “Agreement”). (Van Wagner Decl. ¶ 6, Exh. 1.) The Agreement provides Plaintiff and Defendant “both agree that any issue between Employee and Parkwest Casino Lotus, or any of its employees, agents, officers, directors or affiliates (the “Parkwest Casino Lotus Parties”) which relates to my employment with Parkwest C...

Excerpt: ...rsuant to CCP §§ 178, 1218(a), and 1219(a) is DENIED without prejudice as follows. This action was filed to enforce' claims of Plaintiffs (now Judgment Creditors) for unpaid wages, penalties, and other relief as authorized by law. After the defendants disregarded multiple orders of this Court, the Court struck the answers of Judgment Debtors. (ROA 170.) Following a default prove‐up hearing, Judgment was entered against the defendants, and add...

Excerpt: ...a Mechanical, Inc. (“Defendant”) provides plumbing installation services for residential, construction, and commercial properties. Defendant employed Plaintiffs as install technicians and compensated them at a piece rate. Plaintiffs allege that they and all other install technicians and repipe installers who were paid on a piece rate basis for each job performed, were not paid for nonproductive time, such as rest breaks, drive time, and other...

Excerpt: ...ON, Secured Party, Authorized Representative for: Eric Richard Eleson Trust J‐59564" within 48 hours of receiving it. For purposes of oral argument only, the hearing date shall be continued to July 15, 2021. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The litigation coordinator shall make Plaintiff available by Zoom audio (if available) to participate in oral argument at 9:00 a.m...

Excerpt: ...tween Respondent, a major league baseball player, and Petitioners, his former agent. Petitioners and Respondent entered into a settlement agreement whereby Petitioners agreed to pay Respondent $1,000,000 in periodic installment payments through December 1, 2018. Petitioners failed to make all the payments and Respondent filed a grievance (“Grievance”) pursuant to the Major League Baseball Players' Association's Regulations Governing Player Ag...

Excerpt: ...ing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be July 14, 2021, to participate in oral argument. To appear on Zoom telephonically, call (888...

Excerpt: ...ing revealed that Decedent had risk for pressure injuries, and SMCS' nursing staff created a skin integrity care plan. (Complaint, ¶ 25.) The plan indicated that SMCS' nursing staff would monitor his skin at least two times daily for redness or breakdown and report to a physician for further treatment orders in the event of any skin breakdown issues, and to reposition him at least every two‐hours. (Complaint, ¶¶ 26‐ 27.) On many occasions ...

Excerpt: ...664.6. CCP § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of...

Excerpt: ...that Defendant Presson fraudulently induced Plaintiffs to enter into the Stock Purchase and Sale Agreement and a Consulting Agreement. Plaintiffs allege that Defendants conduct leading up to and after the stock transfer caused them harm and bring fourteen causes of action based on Defendants' alleged conduct. Analysis 1. First COA for Rescission of Stock Purchase Agreement Based on Fraud Plaintiffs allege Presson failed to disclose that the purpo...

Excerpt: ...ded Claimant's vehicle, and Mr. Tronco then fled the scene. (Nathan Decl. ¶ 2.) At the time of the accident, Claimant Montoya was driving for UBER Technologies and transporting a rider, claimant Jose De Jesus Martinez. Claimant Montoya sustained a traumatic brain injury and major injuries to his neck and back requiring ongoing treatment and future surgery. (Ibid.) Claimant Martinez was also injured. (Chryssafis Decl. ¶ 2.) Claimant Montoya and ...

Excerpt: ...ollows. This action arises from Plaintiffs' purchase of New York Life variable annuities, whole life insurance policies, and term life insurance. The operative Second Amended Complaint (“SAC”), which was filed on April 29, 2021, alleges claims for fraud, breach of fiduciary duty, professional negligence, violation of Corporations Code § 25235, and violation of California's unfair competition law, all stemming from losses Plaintiffs suffered ...

Excerpt: ...and Dorothy MacPhail. The MacPhails submitted an arbitration complaint pursuant to the Terms of Membership in Sacramento Association of Realtors, of which Petitioner and the MacPhails are members. Among the terms of membership in SAR is that its members agree to binding arbitration of disputes using SAR facilities and in accordance with the rules and procedures for arbitration. On January 9, 2020, the MacPhails submitted an arbitration complaint ...