Excerpt: ...cific discovery requests/document categories 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. *** The notice of motion does not provide the correct address for Dept. 53/54. Factual Background This is a personal injury action arising out a March 2019 incident wherein defendant Reising's vehicle struck plaintiff Cosgrove while she wa...

Excerpt: ...ies 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, 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 ...

Excerpt: ...xchange of letters and/or emails fails to comply with the statutory mandate. Plaintiff's counsel is reminded that the meet‐and‐ confer requirements of Code of Civil Procedure §430.41 are not optional and s/he is required to participate in the meet‐andconfer efforts “in person or by telephone” even if s/he disagrees with the challenge to the pleading. Factual Background This is a personal injury action arising out of a trip‐and‐fall...

Excerpt: ...as well as a statement of damages. (Owensby Decl. ¶ 5.) On January 23, 2020, plaintiff Mei Li's (“Plaintiff”) then counsel, Herman Franck, filed a motion for protective order, without filing any responses or objections to the outstanding written discovery requests. (Owensby Decl. ¶ 6.) On March 3, 2020, this Court entered an Order denying the motion for protective order and ordering Plaintiff to respond to Defendant's Special Interrogatorie...

Excerpt: ...as employed by defendants from “approximately April 2019 to approximately June 2019” (Compl., ¶21) and on 9/10/2020, she provided written notice of this PAGA claim to both the LWDA and defendants (Compl., ¶18). Having not received within 65 days any notice of the LWDA's intent to proceed with an investigation of the allegations (Compl., ¶18), plaintiff commenced this action on 11/17/2020. Moving Papers. Defendants contend plaintiff's PAGA ...

Excerpt: ...d advise her 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. California Code of Civil Procedure section 664.6 provides: “If parties to pending litigation stipulate, in a writing signed...

Excerpt: ...at 7222 Boa Nova Drive in Elk Grove. Plaintiff purchased the residence from Defendant in October 2016 and had executed deeds of trust pledging the property as collateral in the event he defaulted on payments to Defendant's lender and to Defendant herself. After the Grant Deed was recorded, Plaintiff apparently failed to make any payments to anyone, including Defendant and Defendant's lender. Accordingly, a nonjudicial foreclosure occurred, culmin...

Excerpt: ...tion for summary judgment. On March 23, 2021, counsel for American Staffing Service Douglas Watts filed a declaration pursuant to Code of Civil Procedure section 437c(h). As noted in the Court's ruling of April 8, 2021, granting the motion for summary judgment: Mr. Watts' declaration contained the following flaws: “‐ The request for continuance was not submitted with an opposition or via an ex parte application as required by Code of Civil Pr...

Excerpt: ...tion for summary judgment. On March 23, 2021, counsel for American Staffing Service Douglas Watts filed a declaration pursuant to Code of Civil Procedure section 437c(h). As noted in the Court's ruling of April 8, 2021, granting the motion for summary judgment: Mr. Watts' declaration contained the following flaws: “‐ The request for continuance was not submitted with an opposition or via an ex parte application as required by Code of Civil Pr...

Excerpt: ...ue to a fire. Plaintiffs allege that co‐defendant Allstate Insurance Co. (“Allstate”) acted in bad faith by failing to pay the full amount to reconstruct the house. Following the fire, Defendants “under evaluated the condition of the remaining premises and the nature and extent of cost for reconstruction.” (SAC, ¶ 24.) Plaintiffs allege that “ALLSTATE INSURANCE COMPANY had an extensive working relationship for years with [Defendants]...

Excerpt: ...Defendant Board of Trustees of the California State University's (“CSUS”) demurrer to Plaintiffs William Molina and Donna Goles' (collectively “Plaintiffs”) First Amended Complaint (“FAC”) is ruled upon as follows. Preliminarily, the court notes that CSUS filed a demurrer to Plaintiffs' initial complaint which was scheduled for today's date. On 2/25/2021, the court sustained the Fraternity Defendants' demurrer with leave to amend and ...

Excerpt: ...famation. (ROA 1.) Plaintiff's complaint alleges that she was on her way to work and was running late when she parked her car in a parking spot in front of a “Cricket Cell Phone” store. On her way in she alleges she was accosted by Defendants who accused her of being illegally parked. Plaintiff responded that she would only be a second, and that she got the information she needed in less than five minutes. Plaintiff alleges that when she retu...

Excerpt: ...o which Plaintiff brought his vehicle in for at least one repair. Plaintiff asserts a negligent repair action against Future Ford alleging that Future Ford breached its duty to Plaintiff to use ordinary care and skill by failing to properly store, prepare and repair the vehicle in accordance with industry standards. Plaintiff has also named co‐defendant Ford Motor Co. (“FMC”), the manufacturer of the vehicle, as a defendant to the Song‐Be...

Excerpt: ... of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) I. Overview This is a lemon law action. Plaintiffs allege that they in January 2016 they purchased a 2017 Mercedes Benz from non‐party Mercedes‐Benz of Marin (“Dealer”). Plaintiffs allege that in connection with the purchase, they received variou...

Excerpt: ... of emotional distress. Plaintiffs Todd Allexy and Kelly Angel (collectively “Plaintiffs”) allege that Defendant sells, installs and distributes off‐road vehicle products. In September 2020, Plaintiffs were riding on a 2019 Polaris RZR Turbo S, which is a side‐by‐side, four‐wheel, off‐road vehicle. The vehicle was equipped with an exhaust system and a tuner produced/sold by other defendants. Defendant sold the vehicle to Todd Allexy...

Excerpt: ... upon as follows. Defendants move to strike Plaintiffs' claims for statutory enhanced elder abuse remedies; specifically, pre‐death pain and suffering and attorney fees, and punitive damages. Defendants contend these remedies are not available because the Complaint fails to plead facts sufficient to state a cause of action for elder abuse and fails to allege Defendants' staff engaged in oppression, fraud, or malice pursuant to Civil Code § 329...

Excerpt: ...e wage statements; (3) waiting time penalties; and (4) unfair competition. (ROA 1.) On October 1, 2018, Plaintiffs gave written notice to the LWDA of this action. (Pltf.'s Exh. C.) Plaintiffs also submitted the $75 filing fee. (Rodriguez Decl. ¶ 3.) The LWDA notice was also sent to defendants Energy Star Construction, Inc., Hasham “John” Ali, and Homayoon “Alex” Alam (collectively, “Defendants”) via certified mail. (Pltf.'s Exh. C.) ...

Excerpt: ...on for elder abuse and third cause of action for negligent infliction of emotional distress (“NIED”) is ruled upon as follows. This action arises from a fall suffered by decedent Donald Walters (“Mr. Walters”) on August 13, 2020, the date he was admitted as a patient to Gramercy Court. Mr. Walters died the next day, August 14, 2020. The cause of death on Mr. Walters' death certificate was listed as “traumatic cerebral hemorrhage” and ...

Excerpt: ...es must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The opposing memorandum of points & authorities fails to comply with CRC Rule 3.1113(d)‐(e). Factual Background This employment action was filed on 2/9/2021 by the three plai...

Excerpt: ...e 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or telephone. Factual Background This action arises from plaintiff's employment with defendant. The complaint purports to assert causes of action for retaliation, age discrimination, failure to correct illegal conduct, and defama...

Excerpt: ...urchasing of 2017 Ford Focus (the “Subject Vehicle”) on or about 1/1/2017. Plaintiff alleges six causes of action for violation of the Song‐Beverly Consumer Warranty Act (the “SongBeverly Act”), including breach of express warranty. The Complaint alleges "[i]n connection with the purchase, Plaintiff received various warranties..." (Complaint, ¶10.) Plaintiff further alleges the "Vehicle contained or developed defects, including but not...

Excerpt: ...r summary judgment or, in the alternative, summary adjudication is ruled upon as follows. Defendants' request for judicial notice of the Complaint, Answer, and Amended Answer filed in this action is granted. Plaintiff Prakash Prasad (aka Prakash Pande) (“Plaintiff”) filed an opposition one day late on May 5, 2021, only 13 court days prior to the hearing. Defendants have requested that the Court disregard Plaintiff's opposition in its entirety...

Excerpt: ...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 is unable 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). Factual Background This is an elder abuse action which arises out of Louise Chappell's stay at a skil...

Excerpt: ...ith the rules and procedures for arbitration. Petitioner has not submitted SAR's arbitration and procedure rules. Petitioner avers that she became a member of SAR in 2006 and therefore was subject to SAR arbitration requirements with regard to any complaint made against her in the context of her work as a realtor. Petitioner further avers that the underlying dispute arises out of a dispute regarding commissions between herself and Chris MacPhail ...

Excerpt: ... of American (VW) served timely responses, including documents, and further indicated that it would produce its internal policy and procedure manuals upon execution of a stipulated protective order. Additional documents were subsequently produced in July 2020. Ultimately, those responses became the subject of Plaintiffs' motion to compel, filed on August 3, 2020. In its tentative ruling of September 17, 2020, this Court denied the motion entirely...