Excerpt: ...ively "Managing Defendants"), and Windsor Haysac Holdings, LLC ("WHH") joinder is GRANTED. The Court disagrees with Plaintiff that the motion is untimely. Plaintiff proffers no legal authority that a petition to compel arbitration must be brought within a certain time period. I. Overview This is an elder abuse/wrongful death action. Plaintiff Gabriel Scott ("Gabriel" or "Plaintiff") alleges that his father, Timothy Scott ("Decedent"), was a resid...

Excerpt: ...at the hearing and the parties 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. *** Cross‐Complainant/Cross‐Defendant KD&E, LLC's (“KD&E”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. This matter was set for 10/4/2019, but continued on the Court's own motion to today's date. I. Overview This ...

Excerpt: ...cal systems, software systems, bluetooth, connectivity, paint, radio/navigation, entertainment system, water intrusion, display blacks out, steering, rear tailgate, forward collision system. Plaintiffs are represented by The Law Office of Patrea R. Bullock and Patrea R. Bullock (“Bullock”). In fall 2016, Bullock began working for Universal & Shannon, LLP (“U&S”) where she defended FCA in lemon law actions. In June 2017, moved to Gates, Go...

Excerpt: ...ants' objections on the grounds of relevance are OVERRULED. The Court may properly take judicial notice of court documents. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Aff...

Excerpt: ... Trial is currently set to commence on 11/5/2019. Moving Papers. Plaintiff asserts that she served the third party deponent, ASI, with a subpoena for personal appearance along with a request for production but the deponent failed to appear on 9/26/2019, the date specified in the subpoena. Opposition. Defendants' counsel filed a declaration in opposition, averring that defendants not only are withdrawing from its previously issued Trial Witness Li...

Excerpt: ... parties then stipulated to allow for the filing of a supplemental opposition and reply. The Court has considered the supplemental briefs in its ruling. This is an age discrimination action brought by Plaintiff Farrell York (“Plaintiff”). On July 10, 2014, Plaintiff attended a meeting with the shopsteward for his union, Kevin Toney, and defendant Craig Robinson. Plaintiff and Mr. Toney assert that during the July 10 meeting, Mr. Robinson made...

Excerpt: ... Defendants West Coast Audio, Inc., et al.'s demurrer to the Second Amended Complaint (“2AC”) is ruled on as follows. Although the notice of hearing provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice again does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. Moving counsel again failed to comply with CRC Rule 3.1110(b)(3). Opposing counsel a...

Excerpt: ...e which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Harkeshwar Sandhu, DDS'(“Sandhu”) motion for summary judgment is ruled upon as follows. Overview This is a dental malpractice action. Plaintiff Theodore White (“White” or “Plaintiff”) alleges that co‐defendant David S. Park (“Park”) is a licensed dentist and employs dentists at his practice. Park owns co‐defendant Dav...

Excerpt: ... and/or double time wages. Plaintiffs allege that they worked hours “off‐the‐clock” without compensation. Plaintiffs allege that it was the customary and uniform practice of RNs and LVNs (with Dignity Health's knowledge and consent) to report 20‐30 minutes prior to the start of their shift, and to stay for 10‐20 minutes after the end of the shift, and to perform work during those times. Plaintiffs allege that Dignity Health also engag...

Excerpt: ...opposed but is DENIED WITHOUT PREJUDICE for failure to comply with Rule of Court 3.770(a). This is a putative wage and hour class action. Plaintiffs filed the instant action on April 27, 2015, alleging wage and hour violations including failure to pay overtime wages and to provide an uninterrupted meal and rest break on behalf of themselves and all others similarly situated, as well as causes of action for violations of Labor Code 226(a), Unfair ...

Excerpt: ... re Policies and Procedures; and requests for $960 in monetary sanctions in connection with each motion, is ruled upon as follows. Defendants Francis Kang, Caroline Kang, and Caroline Kang LLC dba Laguna Woods PMK re Policies and Procedures (collectively, “Defendants”) oppose the motion. Background This is an Elder Abuse action. Decedent Christine Patton ("Christine") was a resident a Laguna Woods, a residential care facility for the elderly ...

Excerpt: ... he was not personally served with the Summons and Complaint, that the person who was served through substituted service is someone he does not know, and that he did not actually live at the address where such substituted service was completed. (Declaration of James Hodgson (“Defendant Decl.”) ¶¶ 1‐9.) Defendant also moves to quash service of summons due to lack of jurisdiction under and Code of Civil Procedure 418.10(a)(1). Request for J...

Excerpt: ...ubmit to cross‐examination and to provide 21MC with an opportunity to respond to defendants' evidence. Having received supplemental submissions from both sides, the Court now issues the following tentative ruling. Factual Background This action arises out of a 2017 Inventory Security Agreement and Power of Attorney (“ISAPA”) between Plaintiff 21MC and defendant American River RV, Inc. (“ARRV”) along with a personal guaranty given by def...

Excerpt: ...inst their employer and a supervisor, Isaac Bristow, who allegedly engaged in a variety of conduct claimed to violate California's Fair Employment and Housing Act (“FEHA”). In April 2018 SMU served its Requests for Production on plaintiff Royal‐Shipp. Request 36 asked for “ALL DOCUMENTS, including COMMUNICATIONS, RELATED TO YOUR complaints about BRISTOW.” Plaintiff Royal‐Shipp responded: Objection. This request is oppressive, unduly b...

Excerpt: ...Rule 3.1110(b)(3)‐(4). Factual Background This action arises from a dispute between an insured and his automobile insurer relative to a motor vehicle accident in which the former was involved in October 2017. In this lawsuit plaintiff alleged that after the accident, his insurer subsequently took a recorded statement from its insured and “made an internal decision that Plaintiff was liable for causing the accident” but plaintiff retained co...

Excerpt: ...arsay are SUSTAINED. Overview On February 6, 2018, the Supreme Court of the State of New York entered a judgment in favor of Creditor and against judgment debtor Suneet Singal (“Debtor”) in the amount of $21,221,676.53. (Levin Decl. ¶2.) Examinee Majique Ladnier is Debtor's spouse. Creditor filed an application to domesticate the New York Judgment in this Court, and this Court accordingly entered judgment on February 27, 2018. (Id. ¶3.) Cre...

Excerpt: ... however, allowed both parties to re‐brief the motion. In its original memorandum of costs (ROA 143), DGS seeks $9,956.59 in total costs. These costs are: (1) Filing and Motion Fees: $1,475 (2) Deposition Costs: $3,065.68 (3) Service of Process: $5,140.92 (4) Witness Fees: $275 Legal Standard In ruling on a motion to tax costs, the Court's first determination is whether the statute (CCP § 1033.5) expressly allows the particular item and wh...

Excerpt: ...r on the grounds that the parties failed to complete meet and confer pursuant to Code of Civil Procedure section 430.41, and defendants failed to request judicial notice of the complaint to which the motion is addressed, are all overruled. Defendants move to strike the Plaintiff's punitive damage allegations in the Fraud and Intentional Interference claims on the ground that Plaintiff fails to adequately allege facts of the Defendants' ac...

Excerpt: ...as to Plaintiff, and that any such breach caused his alleged harm. Defendant also demurs upon the ground that Plaintiff's claim, though now styled as general negligence, alleges professional negligence by a health care provider (dental malpractice), but Plaintiff failed to commence his action within the one‐ year statute of limitations applicable under Code of Civil Procedure section 340.5. Defendant's demur has merit on both grounds. P...

Excerpt: ...o complete meet and confer pursuant to Code of Civil Procedure section 430.41, the defendants' motion states the wrong street address for the courthouse in which the demurrer is to be heard, and defendants failed to request judicial notice of the complaint to which the demurrer is addressed, are all overruled. Plaintiff's complaint alleges five causes of action arising from the parties' alleged execution of a contract entitled Buyers Confidential...

Excerpt: ...Defendants Buchanan, et al.'s motion to compel plaintiff in pro per Stella Altraide's (“Stella”) further responses to certain form and special interrogatories and to certain requests for production of documents is ruled on as follows. The Court notes that Stella appears to have filed three (3) separate oppositions to the present motion, one filed on 9/20/2019, one filed on 9/25/2019 and one filed on 9/27/2019. The Court has considered only th...

Excerpt: ...tion matters. *** Defendants California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to the First Amended Complaint (“1AC”) is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1113(f)'s requirement for a Table of Contents and Table of Authorities when the points & authorities exceed 10 pages. Factual Background This action arises out of the November 2016 suicide of Milton Beverly, Jr. while in the c...

Excerpt: ...ed that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The Court notes that the opposition filed by plaintiff on 10/3/2019 was not timely filed or served but it was nevertheless considered. However, it fails to address a number of the substantive arguments advanced in the moving papers including but not limited to this lawsuit being barred in its entirety by res judicata, based on the judgment of d...

Excerpt: ...ng and the parties 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 The Regents of the University of California's (“Regents”) motion for summary judgment as against plaintiff Wimer is ruled on as follows. Defendant Sodexo's 9/9/2019 “joinder” in Regents' motion for summary judgment is DROPPED since Local Court Rule 2.09 requires t...

Excerpt: ...d special interrogatories and a request for production of documents on Plaintiff. Plaintiff failed to respond to the discovery requests. Defendant filed motions to compel the responses, which this Court granted on July 22, 2019. The Court's order directed Plaintiff to respond to the discovery requests no later than August 2, 2019. Despite the Court's Order, Plaintiff still has not responded to the discovery requests. Defendant now moves for termi...

Excerpt: ...filed this action on January 15, 2019, alleging violations of the Labor Code for failure to pay overtime wages, wage statement violations, waiting time penalties, and failure to pay vacation wages; and unfair competition under the Business & Professions Code. On April 5, 2019, Plaintiff filed her First Amended Complaint, adding a claim under the Private Attorney General Act (PAGA) and dismissing all individual and class claims without prejudice. ...

Excerpt: ...he Stipulation because he has filed to close escrow and pay the purchase price for 2201 Brunton Way, Sacramento, CA, the subject real property, by October 31, 2018. Verkhovodov argues that the Court should enter judgment “against Plaintiff” requiring him to pay $165,000, pay his prorated share of property taxes, disgorge any rents he collected from Verkhovodov's tenants, and pay Verkhovodov's attorney's fees and costs for bringing the present...

Excerpt: ...of Civil Proc. § 430.10(a); and (2) the Complaint is uncertain and ambiguous as to its cause of action against CalPERS Code of Civil Proc. § 430.10(f). Plaintiff seeks Declaratory Relief to establish CalPERS wrongfully adjusted and reduced disability retirement; that CalPERS wrongfully claims that Plaintiff owes CalPERS money, and has already wrongfully seized and converted to its own account over $3,000 of Plaintiffs justly due retirement paym...

Excerpt: ...15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) I. Overview In this action, Plaintiff William Carlisle alleges that he jointly retained Whitaker as an expert in his divorce proceedings. Whitaker was jointly retained by Plaintiff and his exwife Carol Carlisle. Plaintiff alleges the following: 5. Defendant billed over $30,000.00, whereas Plaintiff believed that Defendant would complete his work w...

Excerpt: ...lled and operated the SUBJECT PREMISES. On 4/13/2017, Defendant filed its verified answer to the complaint. With respect to paragraph 5, Defendant answered "Defendant admits the allegations of that paragraph." Defendant now moves to amend paragraph 5 to deny the allegations. According to Defendant's counsel, "on December 19, 2018, while preparing responses to the supplemental discovery‐specifically, form interrogatory 15.1 that ...

Excerpt: ...urt accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐ 121.) I. Overview The Association alleges that Washington is a former board member of the Association and subject to its CC&Rs. Plaintiff alleges that for the last six months, Washington has been doing the following: ∙ Inte...

Excerpt: ...421 San Juan, LLC (“421”) and SEVA Assisted Living, Inc. (“SEVA”) (collectively “Entity Plaintiffs”) (the “Individual Plaintiffs” and “Entity Plaintiffs” are collectively referred to herein as “Plaintiffs.”) The Individual Plaintiffs own and operate the Entity Plaintiffs. The Individual Plaintiffs allege they owned and operated SEVA and 421. On December 15, 2015, the Entity Plaintiffs entered into an agreement (“Purchase...

Excerpt: ...mpt, hourly employee. Nonetheless, because Wasko purports to represent as many as 19,000 of Smart & Final's employees, Smart & Final asks the court to “bifurcate” discovery such that the first phase is limited to Wasko's personal standing as an “aggrieved employee” under PAGA. Smart & Final argues that plenary discovery from the outset presents an undue burden, especially if it turns out that Wasko's personal claims lack merit and, theref...

Excerpt: ...e to amend and OVERRULED in part. Overview This is a residential landlord / tenant dispute. The plaintiff and tenant is Darrell Emery (Emery). Emery alleges that Domus manages his apartment complex. According to Emery, his apartment became infested with bed bugs and, despite his repeated advisements, Domus failed to remediate the problem. Emery also alleges that Domus informed him that unless he funded a “second treatment,” his lease would be...

Excerpt: ...t Smart & Final Stores, LLC (Smart & Final) argues that Plaintiff Dylan Wasko's motion to compel further discovery is premature in light of Smart & Final's concurrent motion to sequence discovery and for protective order. The court has denied that motion in a concurrent ruling. Given this, and given each side's concerns that counsel did not fully explore an informal resolution of the issues presented, counsel are directed to resume th...

Excerpt: ...y, surgically removed as a result. The FAC contains a single cause of action for “medical malpractice / negligence.” With the moving papers, Dr. Keifer tenders expert opinions that he abided by the standard of care and did to cause Berry's injuries. (See Sep. Stmt., Undisputed Material Facts 10, 11, 13; Norton Decl., ¶¶ 8, 9.) This shifted the burden to Berry to produce evidence demonstrating the existence of a triable issue. Berry did not ...

Excerpt: ...ss day, a supplemental legal brief, no greater than five (5) pages in length, addressing the following: Defendants argue that Plaintiff Newton is collaterally estopped to litigate most of his causes of action because he received a “full evidentiary [administrative] hearing” and then failed to challenge the administrative decision by petitioning for a writ of mandate. (See Moving Memo. at 9:25‐27.) Collateral estoppel only applies where the ...

Excerpt: ...8. National has not moved for summary judgment. Grange's request for judicial notice is granted. As to court records, the notice is limited as explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.) For exampl...

Excerpt: ..., Plaintiff sent a settlement demand seeking the repurchase of the vehicle and $6,436.30 in attorney's fees and costs. Defendant counter‐offered for $9,500 inclusive of fees and costs. Plaintiff rejected the offer. On 3/31/2016, Plaintiff sent another settlement offer, requesting repurchase and $25,741.36 in attorneys' fees and costs. Defendant did not respond. On 4/3/2017, Defendant offered $12,500 inclusive of attorneys' fees and costs. Plain...

Excerpt: ...can President Lines Ltd., (collectively “Defendants”) for judgment on the pleadings is DENIED. Defendants' request for judicial notice of a dictionary definition of the term “shipping container,” and of facts related to the Bureau International des Containers et du Transport Intermodal, is denied as irrelevant. Overview This is a personal injury case under California law. The plaintiffs are Narendra Prasad (Narendra) and Sushila N. Prasad...

Excerpt: ...tion for terminating sanctions against Hall for his failure to respond to discovery and failure to comply with the Court's repeated discovery orders. On 12/14/2018, Defendant filed the instant motion to compel Hall's attendance based on his failure to appear pursuant to the notice of deposition. CCP § 2025.450(a) provides that "If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or...

Excerpt: ...8th date, he was flexible to changing the date. Defendant did not serve objections to the deposition notices, but instead served objections. Between May and June 2017, the parties attempted to meet and confer regarding deposition dates. The action was thereafter stayed when a motion to compel arbitration was filed. The court denied the motion to compel arbitration and the stay was lifted on October 10, 2017. In December 2017, Plaintiffs resumed m...

Excerpt: ...Healthcare, Inc. dba Citrus Home's (“Citrus Home”) motion to strike portions of Plaintiff Kara Hagstrom's complaint is ruled upon as follows. Citrus Home moves to strike: (1) any and all allegations in Plaintiff's First Cause Of Action for Dependent Adult Abuse that fall outside of the recoverable statute of limitations as set forth in Code Of Civil Procedure §335.1; (2) any and all allegations in Plaintiff's Second Cause of Action for Alleg...

Excerpt: ...t they had not paid rent for the storage unit. Plaintiffs also allege that Defendant wrongfully converted the property in the storage unit. On 11/8/2018, the Court granted Defendant's unopposed motion for terminating sanctions against Hall. Defendant now seeks $26,754.35 in attorneys' fees pursuant to contract. (Civ. Code 1717.) Defendant points to the following provision in the contract which it contends entitles it to attorneys' fee...

Excerpt: ... as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). This is a personal injury action and trial is set to commence on 1/14/2019. According to the moving papers, plaintiff in pro per served four trial subpoenas on Messrs. Zoll, Tharaldson and Manternach as well as Ms. Garcia by serving defendants' attorneys of record. Defen...

Excerpt: ...follows Michaels' promotion and subsequent demotion while employed by CalPERS. She alleges that, after working as a Staff Services Manager (SSM) I for several years, she was offered an out‐of‐class assignment with CalPERS as a Data Processing Manager (DPM) II. Michaels accepted the appointment and worked as a DPM II for a term that, after being extended once, ended in February 2015. After the appointment formally ended, however, she continued...

Excerpt: ...ov is alleged to be Sunrise's owner, manager, alter‐ego. Plaintiff alleges that Sunrise agreed to sell the vehicle for $6,200 plus taxes and fees. Gerasnekov prepared, and Plaintiff signed the handwritten Retail Installment Sale Contract (“Handwritten RISC”). She alleges that the Handwritten RISC was not completely filled out, and Gerasnekov informed her that he needed to finalize the financing electronically. She alleges that the Handwritt...

Excerpt: ...dants Woodside Homes, Inc. and Woodside Homes of Northern California, L.P. (collectively “Defendants”) to compel arbitration is GRANTED, and the civil action is STAYED, as follows: Defendants' request that the court disregard the opposition as untimely is DENIED given the absence of prejudice. Plaintiff Alison Adkison (Plaintiff) filed this employment dispute in March 2018. Defendants contend that Plaintiff must arbitrate her legal claims aga...

Excerpt: ...�Defendants”) for summary judgment or, in the alternative, summary adjudication of issues is DENIED. Defendants' request for judicial notice of the original complaint is DENIED as irrelevant. Overview This case presents an employment dispute. The plaintiff is Veronica Neal (Neal). In the first amended complaint (FAC), Neal alleges that she is a registered nurse in her 60's. She also alleges that she is disabled under the FEHA but can perform nu...

Excerpt: ... *** Plaintiff/Cross‐ Defendant Nivano Physicians, Inc.'s (“Nivano”) demurrer to Defendant/Cross‐Complainant David Scribner's (“Scribner”) first amended crosscomplaint (“FACC”) is ruled upon as follows. Overview In its complaint, Nivano alleges it is a large Independent Practice Association (“IPA”). In December 2016, Nivano hired Scribner to be general counsel to Nivano Care Medical Group (“NCMG”), a medical group associat...