Excerpt: ...Pfarr at Mercy General Hospital in September 2018 regarding a lumbar surgery. Spine surgeon Praveen Prasad, M.D., had been Plaintiff's physician for many years. Dr. Prasad recommended Plaintiff undergo an anterior cervical decompression, fusion, and fixation. Dr. Ridgeway was not involved in Plaintiff's pre‐ operative assessment or informed consent discussions with Dr. Prasad. Defendant Ridgeway is a general surgeon and was engaged to perform t...

Excerpt: ...JECTIONS Plaintiff's objections are overruled for failure to comply with CRC Rule 3.1354. FACTS Decedent Debra Baker (“Ms. Baker” or “decedent”) was a resident of Fair Oaks Estates, a residential care facility, beginning July 8, 2019. (FAC ¶ 11.) On July 17, 2019, Ms. Baker apparently fell while in the process of being “transferred” by one of Fair Oaks Estates' employees and she thereafter complained of severe leg pain. (FAC ¶¶ 14�...

Excerpt: ... pursuant to a CCP § 998 offer except for the fees and costs. The § 998 offer stated, in relevant part: “1. “Defendant will pay to [Plaintiff] the sum of $32,353, which constitutes reimbursement of the amounts paid, or payable, for Plaintiff's 2016 Ford Edge, VIN 2FMPK4J04GBC67367 (the “Subject Vehicle”, and as alleged in the Complaint), incidental and consequential damages, and civil penalties under the Song‐Beverly Act. “2. As par...

Excerpt: ...e was suspended from her duties driving a school bus, without being told the reason for her suspension. (Compl. ¶ 5(1).) On February 2, 2018, Plaintiff was informed by unidentified persons that she had been suspended from driving a school bus because Defendant received an anonymous call from a doctor saying Plaintiff should not be driving. (Compl. ¶ 5(2).) On March 14, 2018, Plaintiff was informed by unidentified person that she had to agree to...

Excerpt: ... Cost: $377.50 Timeliness of Motion The court disagrees with Defendants that the motion is untimely. CRC Rule 3.1700(b)(1) provides “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as pr...

Excerpt: ...eeded an injection. “The employees put blanket over the head of the Plaintiff's cat. One employee held the Plaintiff's cat's head and neck and then asked Plaintiff to hold her cat's rear legs, and Plaintiff did so. As an employee was getting ready to inject the Plaintiff's cat, the Plaintiff's cat turned and bit Plaintiff's right hand.” (First Amended Complaint, ¶ IX.) The court disagrees with Defendant that the court should deny the motion ...

Excerpt: ... matter was originally set for 5/4/2021. The court continued the matter because although Plaintiff served her opposition, she failed to file the opposition with the court. The court directed Plaintiff to file and re‐ serve her opposition by no later than May 6, 2021. Plaintiff filed her opposition on May 10, 2021. Despite the untimely filing of her opposition, the court, in its discretion will consider the opposition. Future violations of the C...

Excerpt: ... Plaintiffs' Special Interrogatories, Set One, number 1, is ruled upon as follows. Plaintiffs filed two separate motions, but the Court has elected to address both in this single ruling. Defendant has filed an omnibus opposition to both motions. Defendant did not submit a response to Plaintiff's separate statement. Defendant's request for judicial notice is objected to, but is granted. Taking judicial notice of the requested document did not impa...

Excerpt: ... located at 2012 Wyda Way, Sacramento, California (the “Wyda Way Property”). The Wyda Way Property is owned by defendants and cross‐complainants Seung P. Hong and Jin O. Hong (collectively, “Defendants”). Plaintiff currently owns the adjacent property located at 1860 Ethan Way, Sacramento, California (the “Ethan Way Property”). There is a 22 unit apartment building on the Ethan Way Property. Defendants previously owned the Ethan Way...

Excerpt: ...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 for being untimely. The Court declines this request and has considered Plaintiff's opposition. The untimeliness of the oppositio was not so great that Defendants were unable to pre...

Excerpt: ...r judicial notice is granted as to items 1 and 2, the Complaint and FAC filed in this action, but denied as to item 3, which purports to be a letter from the Insurance Commissioner for the Department of Insurance of the State of California. Item 3 is not the proper subject of judicial notice. Even assuming the Court took judicial notice of item 3, it would only take judicial notice of its existence, not the truth of its contents. (Joslin v. H.A.S...

Excerpt: ...al”) (collectively, “Defendants”) request for judicial notice is granted. Defendants' objections to the Declaration of Curtis C. Jung are overruled. This action arises from the alleged fraudulent transfer of $250,000 (the “Transferred Funds”) to the IOLTA account (the “Trust Account”) of Defendants in a series of transactions that were initiated by Jeffrey and Paulette Carpoff (the “Carpoffs”) as part of a Ponzi scheme. In 2018,...

Excerpt: ...ia Case No. Case No. 3:19‐cv4095,Canopy Growth USA LLC v. Research & Development Farming, LLC and Steven Samra. Plaintiff's representation occurred pursuant to a Retainer Agreement entered into by both Defendants on or about July 24, 2019 (the "Retainer Agreement"), signed by Samra individually and as the managing member of R&D. In the course of the representation, Plaintiff periodically invoiced Defendants for services provided and costs incur...

Excerpt: ...ndant Elizabeth James on April 4, 2011, for $11,612.62 in damages, plus $2,070.18 in prejudgment interest; $1,000.00 in attorney fees; and $517.50 in costs. The total default judgment amount was $15,200.30. The judgment was set to expire on April 4, 2021. On December 3, 2020, Plaintiff filed a notice of substitution of counsel along with a Notice of Renewal of Judgment against Defendant. (Aposhian Decl., ¶ 6). On December 3, 2020, the Court ente...

Excerpt: .... Mina”) (the “Subpoena”) is DENIED. This instant motion was continued by the Court to be heard concurrently with Plaintiffs' motion to compel Mr. Mina's deposition. This case arises out of a three vehicle collision between non‐party Joseph Inch (“Mr. Inch”), plaintiff Zaka Vera (“Mr. Vera”), and Oscar Vasquez ("Mr. Vasquez"), a driver for Defendants' rental‐car relocation company. Plaintiffs allege Mr. Vasquez rearended Mr. Ver...

Excerpt: ...le and installation of premium fireplace products. Plaintiff alleges that Lundgren, its former employee, misappropriated: “9. Plaintiff's confidential and trade secret information includ[ing], among other things, customer lists and contacts; customer information; customer proposals and contracts; and pricing information.” (Complaint, ¶ 9.) On 4/6/2021, Plaintiff served its Amended Trade Secret Designation. It identified its trade secrets as:...

Excerpt: ...uth of their contents. (See Professional Engineers v. Dept. 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.) Plaintiff filed this lemon law action on July 17, 2020, arising out of her purchase of a 2015 Jeep Cherokee (the “Subject Vehicle”) that she alleges is defective. As to FCA, Plaintiff asserts...

Excerpt: ...on is moot as to EGD. I. Overview This is a lemon law action. Plaintiffs allege that on or about October 7, 2017, they purchased a 2017 Chrysler Pacifica from EGD which was manufactured and or distributed by FCA. During the warranty period, the vehicle experienced certain defects. EGD, joined by FCA, moves to compel arbitration pursuant to the Retail Installment Sale Contract ‐ Simple Finance Charge (With Arbitration Provision) (“RISC”). FC...

Excerpt: ...stiana Kopf, M.D. and Sutter Medical Group also filed a statement of non‐opposition. This action concerns alleged medical negligence involving the alleged negligent care and treatment received by plaintiff Kristen Sells during the labor and delivery of Kash Sincere Delavallade from Dr. Bob and other defendants. Dr. Bob moves for summary judgment on the ground Plaintiffs cannot establish breach of the applicable standard of care or that Dr. Bob ...

Excerpt: ...en their Chrysler minivan was struck by a Hyundai Santa Fe driven by Ms. Wander. Ms. Wander has since pled nolo contendre to felony manslaughter. Ms. Wander's felony conviction was expunged on April 21, 2021. (Ms. Wander's RJN Exh. 1.) In August of 2017, plaintiffs Angela Osborn, Kenneth C. Osborn, Samantha Osborn, Elizabeth Osborn, and Lucy Stern Guevara (together, the "Osborn Plaintiffs") commenced an action against Hyundai, alleging that Ms. W...

Excerpt: ...e 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 moving memorandum of points & authorities fails to comply with CRC Rule 3.1113 (d)‐(e). Factual Background This litigation arises from defendant Lott's prior employment with plaintiff Ampla Health (“Ampla”), a non‐profit corporation...

Excerpt: ...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. Factual Background This action arises out a January 2020 tractor‐ trailer/passenger vehicle accident in which two individuals lo...

Excerpt: ... pro per filed on 12/15/2020 the present action which purports to allege “equal protection violations” relating to the denial of consideration for parole. Defendants now move to quash plaintiff in pro per's purported service of the summons & complaint by mail on or about 1/12/2021 on the grounds neither was properly served inasmuch as (1) plaintiff mailed two copies of a Notice and Acknowledgment of Receipt form directed to D. Kernan but fail...

Excerpt: ...pel Defendant to provide further full and complete responses to certain requests for production. Defendant, in turn, has repeatedly interposed numerous objections to the requests, including objections based on relevance, burden and oppression, trade secrets and attorney‐client privilege. Despite numerous extensions, multiple attempts to meet and confer, and court orders to produce the documents in question, Defendant has still failed to provide...

Excerpt: ...Andrew Kleeman was driving southbound on Zinfandel Drive when Kleeman fell asleep, crossed the double yellow lines on the roadway into the northbound lane, and collided with Plaintiff's vehicle in a head‐on collision. Plaintiff alleges injury and damages as a result. Plaintiff alleges that Defendant Kleeman was operating the subject vehicle in the course and scope of his employment with Defendant Teichert at the time of the collision. Plaintiff...