Excerpt: ...LC, 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 personal jurisdiction is ruled upon as follows. Overview This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael HealthCare Center (“Mission Carmichael”), a s...

Excerpt: ...Cyndi Nguyen (“Nguyen”) and CalFarms420, Inc.'s (“CalFarms420”) (collectively “Defendants”) demurrer to Plaintiff Thanh Duy Nguyen's (“Plaintiff”) complaint is ruled upon as follows. The court observes that Plaintiff dismissed CalFarms420 on 12/24/2020. (ROA 32.) Defendants failed to comply with CRC Rule 3.1320(e) and CCP §430.60 which requires that the “demurrer” should be captioned “as such” and that the grounds for dem...

Excerpt: ...Defendant Corey Evan Parker's demurrer to Plaintiff Michael Razavi's first amended complaint (“FAC”) is SUSTAINED without leave to amend. Overview This is an action for legal malpractice, breach of fiduciary duty and breach of written contract. Plaintiff alleges that in May 2017, he entered into a Flat Fee Agreement with Defendant for legal service wherein Defendant agreed to represent Plaintiff on a Petition for Writ of Habeas Corpus. Plaint...

Excerpt: ...ndisclosure action concerning real property located on Stevenson Avenue in Sacramento. Plaintiff Moldovan purchased the property from defendant and thereafter sued the latter, alleging Defendant failed to disclose various issues with the property including encroachment onto the adjacent public property and several improvements completed without permits. The Complaint asserted causes of action for breach of contract and for fraud (intentional and ...

Excerpt: ...g. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. 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. If moving counsel ...

Excerpt: ... 20, 2020, Plaintiff served written discovery on Defendant CDCR, including a Request for Production of Documents, Set One. Defendant failed to respond to these discovery requests, leading Plaintiff to file a motion to compel, which was unopposed and which this Court granted on November 17, 2020. (ROA 31.) Therein, the Court ordered responses to be served by December 30, 2020. Pursuant to the Court's order, Defendant served responses to the RPDs, ...

Excerpt: ... employees of Defendant during the relevant time periods. (Settl. Agr. ¶¶ 1‐5 The Settlement Agreement results in a PAGA‐only gross settlement fund of $700,000.00 (“PAGA Gross Settlement Fund”) for PAGA Settlement Members and the LWDA in exchange for a narrow release of asserted PAGA claims for violation of Labor Code section 226. (Settl. Agr. ¶ 10, 18‐19.) Pursuant to the PAGA Settlement Agreement, Defendant shall pay the PAGA Settl...

Excerpt: ...ccount 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 she opened a credit account with Plaintiff, received the Customer Agreement when she received the credit card, used the credit card to purchase goods and services, received regular monthly statements showing charges made ...

Excerpt: ...ion to Strike Plaintiff Carlos Santos's (“Santos”) Separate Statement of Additional Undisputed Material Facts Cal Fire objects to and moves to strike Santos's Separate Statement of Additional Undisputed Material Facts on the grounds that C.C.P. § 437c(b)(3) only states a plaintiff “shall set forth plainly and concisely any other material facts the opposing party contends are disputed.” However, Cal Fire cites no authority that states a p...

Excerpt: ...very, meeting and conferring regarding discovery responses, motion practice regarding defendant General Motors, LLC's (“Defendant”) discovery responses (four motions to compel in total), and preparing a mediation brief and participating in mediation. No depositions were taken. By its terms, the settlement agreement provides that “Plaintiffs are the prevailing party, and Defendant shall pay Plaintiffs' attorney's fees, costs, and expenses pu...

Excerpt: ..., 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, 2014, Plaintiff Coley and Plaintiff Lorini filed the action on behalf ...

Excerpt: ...s follows. This action arises from defendant Duane Crewse's former employment with Plaintiff as a sales representative, and his subsequent employment with Plaintiff's competitor ‐ Defendant. Plaintiff alleges Mr. Crewse signed various confidentiality agreements during his employment, which prohibited him from disclosing Plaintiff's confidential and proprietary information such as customer lists and pricing information. Plaintiff filed this acti...

Excerpt: ...dant Duane Crewse's former employment with Plaintiff as a sales representative, and his subsequent employment with Plaintiff's competitor ‐ Defendant. Plaintiff alleges Mr. Crewse signed various confidentiality agreements during his employment, which prohibited him from disclosing Plaintiff's confidential and proprietary information such as customer lists and pricing information. Plaintiff filed this action against Crewse and Defendant alleging...

Excerpt: ... complaint (“SAC”) is ruled upon as follows. Defendants move to strike the words “under California law” in the First Cause of Action for Breach of Fiduciary Duties ‐ Derivative Claim by Stewart and SFLP. (SAC, ¶ 35, line 20.) The entire paragraph reads: “Here, by making the undisclosed, unilateral, unapproved, self‐serving decision to cause Intellectual Assets to assign or license broad and exclusive intellectual property rights he...

Excerpt: ...ctively referred to herein as the “JW Defendants.” Plaintiffs allege that Ms. Winner and Mr. Campbell own and operate JW. Peebles Kidder Bergin & Robinson LLP, Gregory M. Narvaez, Esq., Tim Hennessy, Esq., and John M. Peebles, Esq. are collectively referred to herein as the "Attorney Defendants." Defendants failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with...

Excerpt: ...y Bickford (“Bickford”) and Expert Microsystems, Inc.'s (“EMI”) (collectively “Defendants”) demurrer to Plaintiffs David Stewart (“Stewart”), Decision Detective Corp. (“DD”), and The D&H Stewart Family Limited Partnership's (“SFLP”) (collectively “Plaintiffs”) second amended complaint (“SAC”) is ruled upon as follows. Overview Plaintiffs allege that at some point in 2002, Bickford contacted Stewart and the two toge...

Excerpt: ...Defendant Eternal Beverages, Inc.'s (“EBI”) demurrer to Cross‐Complainant Brett Catanzaro's (“Catanzaro”) first amended cross‐complaint (“FAXC”) is ruled upon as follows. Overview In his complaint, Plaintiff Patrick Otten (“Plaintiff”) alleges that on 6/21/2018 Catanzaro was operating a golf cart during a charity golf tournament at the Chardonnay Golf Club. Plaintiff was a passenger in the golf cart when Catanzaro negligently,...

Excerpt: ... at the time oral argument 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. *** Factual Background This action arises from a dispute between former business partners. The original complaint was filed on 3/14/2018 by plaintiffs Digital Tactics, I...

Excerpt: ...arties must at the time oral argument is requested notify the clerk and opposing party of the specific causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** Both moving and opposing counsel failed to comply with CRC Rule 2.111(3). Opposing counsel failed to comply with CRC Rule 3.1113(d) and (e). Factual Backg...

Excerpt: ...th his vehicle. Plaintiff alleges that Defendant Wolfe was acting in the course and scope of his employment with Defendant Reliance Intermodal, Inc. at the time of the incident. At issue on this motion are Plaintiff's responses to Defendants' request for production (set two) nos. 20, 21, 28, 29 and 32. Nos. 20, 21 and 29 ask for documents related to Plaintiff's criminal history, incarceration and felony convictions. No. 28 asks for documents show...

Excerpt: ...ed by Local Rule 1.06. Moving counsel is directed to make reasonable efforts to contact Defendant and advise him of Local Rule 1.06, the Court's tentative ruling procedure, and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing by Zoom in the event Defendant appears without requesting a hearing pursuant to the Local Rules. Before final approval of ...

Excerpt: ...In light of Plaintiff's stated intention to amend the complaint, and in the interests of efficiency and economy, the Court continued the hearing to today's date to allow Plaintiff time to amend the complaint rather than ruling on the demurrer. The parties were informed that the demurrer would remain on calendar in the event Plaintiff failed or elected not to file an amended complaint. Plaintiff did not file an amended complaint, nor did he file a...

Excerpt: ...ions to pay. Plaintiffs propounded RFP (set one) on CEE. At issue is RFP no. 1 which seeks “all invoices received by CEE related to the FACILITIES.” On 3/2/2021, Plaintiffs moved to compel CEE's further responses to request for production (set one). With respect to RFP no. 1, CEE responded: “Objection. This request is overbroad as to time and without reasonable limitation in its scope. Responding Party further objects on the grounds that th...

Excerpt: ...ecific allegations that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 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 Loc...

Excerpt: ...r 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 This case involves 76 plaintiffs (40 adults a...