Excerpt: ...ted to the Emergency Department at Mercy Hospital of Folsom, where she was evaluated by Kendrick Johnson, M.D. for complaints of low back pain, numbness in her legs, and difficulty ambulating. (UMF 2). Plaintiff had a lumbar MRI taken that revealed multilevel moderate to severe spinal stenosis. (UMF 3). Dr. Johnson reviewed the MRI with Ravi Ramachandran, M.D., who recommended Plaintiff be admitted for pain management and consideration of discect...

Excerpt: ...."); 7617 Ward Lane, Fair Oaks, CA 95628 ("7617 Ward Lane"); 7621 Ward Lane, Fair Oaks, CA 95628 ("7621 Ward Lane"); 7612 Sunset Ave., Fair Oaks, CA 95628 ("7612 Sunset Ave."); and, 8712 Winding Way, Fair Oaks, CA 95628 ("8712 Winding Way"). All are investment properties that Plaintiff uses as income‐producing rentals. (UMF 1) 3896 Marshall Avenue On or about January 27, 2017, Plaintiff obtained a $240,000.00 loan ("3896 Marshall Loan") evidenc...

Excerpt: ...mes Cokinos' (“Plaintiff”) demurrer and motion to strike Defendant Cemex Construction Materials Pacific, LLC's (“Defendant”) answer is ruled upon as follows. Overview This is a FEHA disability and retaliation action. Plaintiff alleges that after Defendant purchased his predecessor employer, A. Teichert & Sons, Defendant refused to accommodate his back injury by providing a fitted seat with back support, or engage in the interactive proces...

Excerpt: ...ween Plaintiffs and Defendant. Examination of the FAC reveals that Plaintiffs quote from these documents extensively and therefore it is appropriate that the Court have the entirety of the documents upon which Plaintiffs base their claims. (Evid. Code § 452 (h.) FACTS The FAC alleges that Plaintiffs Mary White, Richard MacPherson, and Christine Bruce (“Plaintiffs”) are the owners of real property located at 4743 Ponderay, Sacramento, Califor...

Excerpt: ... 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. *** Defendant 2017‐2‐IH‐Borrower LP's (“Landlord”) motion for summary judgment is ruled upon as follows. Overview This is a personal injury action. Plaintiffs allege that on 2/28/2019, a large oak tree fell through the roof of Plaintiffs' home (“Property”) which they rented from Landlord. P...

Excerpt: ...arties 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 John (“John”) and Tracy Weaver's (“Tracy”)(collectively “Defendants”) motion for summary adjudication is ruled upon as follows. The court observes that Plaintiff's opposition to separate statement fails to comply with CRC Rule 3.1350(f)(2) which requires that the “natur...

Excerpt: ...their respective rights and obligations to divert and store water from the Mokelumne River under various permits and licenses issued by the California State Water Resources Control Board (“SWRCB”) and various contractual agreements. In particular, WID and EBMUD dispute the interpretation of the “1965 Agreement” (Joint Ex. B) and its effect on WID's right to water under the prior “1938 Agreement” (Joint Ex. A), and WID's License 5945 (...

Excerpt: ...t 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. On 9/14/2020 plaintiff served by mail to Maryland a Notice of Entry of Judgment. The Court notes that on 10/6/2020 defendant filed a separate breach of contract action...

Excerpt: ...ing mediation in October 2020, plaintiff filed and served Doe Amendments naming the following: Doe 1: Construction Innovations Group, LLC Doe 2: Rex Moore Electrical Contractors & Engineering, Inc. Doe 3: Rex Signature Services, LLC Moving Papers. Defendants now move to quash these Doe Amendments on the ground that plaintiff was at the time the original complaint was filed in 2019 not “genuinely ignorant” of the identity of these defendants a...

Excerpt: ...ion papers (or the exhibits thereto) since the Court's consideration in connection with a demurrer is by law limited to only those facts properly alleged in the pleading being challenged and those facts for which judicial notice is both requested and granted. Factual Background Plaintiffs Stettner and Zousmer, both of whom have leased Mercedes‐Benz vehicles, filed this action “seeking public injunctive relief arising from [MBFS's] unlawful bu...

Excerpt: ...89.) A demurrer is used to challenge defects that appear on the face of the pleading under attack. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer can be utilized where a complaint itself is incomplete or discloses some defense that would bar recovery. ( Guardian North Bay, Inc. v. Superior Court (2001) 94 Cal.App.4th 963, 971‐972.) In reviewing the sufficiency of a complai...

Excerpt: ...dical physician, on various rating platforms, including but not limited Yelp, Google Reviews, and Web MD. The posts asserted representations that Plaintiff was an unskilled, unconcerned with patient care, had a bad bedside manner, was unable to interact with patients, committed malpractice, and is dishonest. Plaintiff alleges that these statements were not made by real patients but instead were made by Defendants Jamie and Fiona Arenson, with mov...

Excerpt: ...s are overruled. FACTS This action arises out of plaintiff Emilee Richardson's ("Plaintiff") employment with Defendants THE MUNIRS COMPANY, THE MUNIRS COMPANY II, T&S BUSINESS CORPORATION, PANCAKES 3457, FNC, AND PANCAKES 1716, INC., all of which are owned by or are franchisees of IHOP RESTAURANTS, INC. Plaintiff worked as a restaurant hostess and later as a server from approximately October 2, 2017, to approximately March 24, 2020. Plaintiff cla...

Excerpt: ...a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not render a final ruling until it holds the preliminary approval he...

Excerpt: ...as follows. Factual Background This elder abuse/wrongful death action arises out of Eva Harris' eight‐day stay at a health facility, MCHC, during which time she suffered a fecal impaction that led to other complications causing her death on 6/29/2018. Suit was commenced on 6/13/2019 against defendant MCHC and Does 1‐100 but shortly thereafter, plaintiffs filed a series of amended complaints which inter alia named several additional defendants...

Excerpt: ...ording to the complaint, plaintiff purchased the subject property in 1993 and then re‐financed her mortgage in 2008 with a $455,000 loan from Accredited Home Lenders, Inc., not a party to this suit, which was secured with a Deed of Trust ("DOT"). This DOT was subsequently assigned in 2010 (along with a substitution of trustees), 2011, 2012, 2015, 2016 and 2018, with the last one being in favor of defendant Wilmington. "In January 2019, Wilmingt...

Excerpt: ... within five years and to expunge Lis Pendens is ruled upon as follows. This is a nonjudicial foreclosure case. Pro per Plaintiff Roddie McElhaney filed her complaint on 5/14/2014. Thus, absent any reason for excluding time, the 5 year period expired on 5/14/2019. "[A]n action shall be brought to trial within five years after the action is commenced against the defendant." (CCP § 583.310.) "[A]n action shall be dismissed...after notice to the pa...

Excerpt: ... Luster's licenses after he tested positive for cocaine use. (See FAC, Exhs. 2, 3.) Luster disputes the validity of the test. Luster alleges that the laboratory that tested the cocaine‐positive sample did not follow proper procedures, i.e., by failing to contact him and inquire if he was taking any medications that could have triggered a false positive. He alleges that he never used cocaine, that the only drugs he took were prescribed, and that...

Excerpt: ...the complaint, “Plaintiff seeks to correct and recover damages for the following but not necessarily limited to breaches by Defendants: self‐dealing transactions, improper distributions, improper loans, mismanagement of religious trust funds, failure to provide accurate financial statements, fraudulent acts by Defendant Surendra Singh, fraudulent acts by Defendant Church Board, subject to proof.” In describing the first cause of action, pla...

Excerpt: ...ts the fact of the existence of the documents submitted, not the truth of their contents. (SeeProfessional 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.) FACTS In this elder abuse action, Plaintiffs' decedent, Christine Patton was living in a residential care facility, Laguna Woods. Ms...

Excerpt: ...d upon as follows. Defendant filed an untimely opposition on April 16, 2021, only two court days prior to the hearing in violation of CCP § 1005. Defendant submitted a declaration indicating the untimely filing was the result of a staff calendaring error in counting calendar days instead of court days, which resulted in the deadline to file an opposition being calendared as April 12, 2021 (instead of April 8, 2021). The staff member discovered t...

Excerpt: ...ments, Set Two, No. 48, is ruled upon as follows. As pointed out by Plaintiff, CDCR's opposition was sent via regular mail, without a courtesy email copy, rather than by personal delivery, facsimile transmission, express mail, or other means reasonably calculated to ensure delivery not later than the close of the next business day after the papers are filed. (CCP § 1005(c).) Plaintiff was to receive CDCR's opposition on April 9, 2021, but did no...

Excerpt: ... 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. *** Plaintiff's memorandum of points & authorities in opposition fails to comply with CRC Rule 3.1113(d)‐(f) but the opposition was nevertheless considered. The Court did not consider any of the declaration filed by Plaintiff since the Court's consideration in conn...

Excerpt: ...6 overruled. Requests for Judicial Notice Maher's Requests for Judicial Notice are GRANTED as to Nos. 2‐4. The Request is DENIED as to Request No. 1. RGW's Request for Judicial Notice Nos. 1‐9 is GRANTED. The Request for Judicial Notice regarding Request Nos. 10 and 11 is denied, as documents related to settlement cannot be used to establish facts. L&H's Request for Judicial Notice is GRANTED as to Nos. 1‐ 3 and denied as to No. 4. In grant...

Excerpt: ...dist Hospital, complaining of pain in the right hip and the right knee. Ms. Newsome was 92‐years‐old with a history of hypertension, diabetes, atrial fibrillation, and arthritis. Ms. Newsome denied any recent falls or trauma prompting the pain, and her son and daughter advised Dr. Robinson that they were attempting to have her placed in hospice care. Dr. Robinson further noted that Ms. Newsome had a “Do Not Resuscitate” directive. Dr. Rob...