Excerpt: ...nc. dba Citrus Home's (“Citrus Home”) demurrer to Plaintiff Kara Hagstrom's complaint is ruled upon as follows. This is an action for Dependent Abuse (W&I Code 15600 et seq.) and Violation of Resident's Bill of Rights. The action is brought by Plaintiff Kara Hagstrom (“Kara” or “Plaintiff”), by and through her Guardian Ad Litem, Wesley Hagstrom. Citrus Home is an intermediate care/developmentally disabled nursing facility. Kara is a b...

Excerpt: ... M.D., Inc. (collectively "Taylor"). However, Taylor continues to claim the use of the “Health Care for Women” name when identifying her private practice, and continues to claim she represents and is authorized to act for “Health Care for Women.” Wellspace further alleges that Taylor wrongfully directed the US Postal Service ("USPS") to forward all mail addressed to “Health Care for Women” at 7601 Hospital Drive (Wells...

Excerpt: ...utter Health Sacramento Sierra Region dba Sutter Auburn Faith Hospital's (“Sutter”) demurrer to Plaintiffs Ronald and Rosemary Dougherty's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an action for medical malpractice, survival and wrongful death of decedent Stephen Dougherty (“Stephen”). Plaintiffs are Stephen's biological parents. They allege that they are entitled to Stephen's property “under the law...

Excerpt: ...sed on a model protective order used in the Los Angeles County Superior Court. GML has revised the model version to bar disclosure to experts who are currently employed by its competitors. Because the protective order allows a party to challenge designations, it does not improperly delegate the determination of trade secrets to the parties. (Compare Stadish v. Superior Court (1999) 71 Cal.App.4th 1130, 1139, 1144, 1146‐ 1147.) The court notes t...

Excerpt: ...alifornia and California Horse Racing Board (Board) and Board of Stewards (Stewards) (collectively “Defendants”) to the FAC is SUSTAINED in part and OVERRULED in part. Defendants' request for judicial notice is GRANTED. In its discretion, the court has considered Plaintiff George L. Luster's (Luster) opposition notwithstanding any untimeliness. Future failures to comply with statutory deadlines, however, could result in adverse rulings. Overv...

Excerpt: ...laint (FACC), the court summarized the action as follows: In 2004 FEOC was awarded a grant from Parks to construct a Neighborhood Youth Center (“NYC”) consisting of a gymnasium and an administration building. A contract memorializing the terms of the grant was executed in 2005. The City of Fresno (“City”) subsequently approached FEOC about selling the gymnasium, which FEOC maintains was constructed with none of the grant's proceeds. In 20...

Excerpt: ...endants did not file a separate opposition to this motion, their opposition to the other pending motion to compel by plaintiff addresses in part matters which are relevant to this motion as well and thus, the court construes defendants' singular opposition to the other pending motion as an opposition to both of these motions brought by plaintiff. This is a wage‐and‐hour case brought by a single plaintiff. According to the moving papers, plain...

Excerpt: ...ggrieved employees alleges that Vivint violated various Labor Codes and Wage Orders. Plaintiff asserts a single cause of action for Violation of the Private Attorneys General Act (Labor Code §2698, et seq.) Plaintiff seeks to recover civil penalties pursuant to Labor Code §§ 2698‐2699.5. (Complaint, ¶¶ 35‐37.) In his prayer for relief, Plaintiff requests “civil penalties according to proof, including but not limited to the amount of an...

Excerpt: ...nalysis, the court acknowledges two intervening matters that arose after the motion was filed and impact its resolution in part. On November 30, 2018, the Court sustained Foundation's Motion for Judgment on the Pleadings as to the Plaintiffs' Third and Fourth causes of action, so those causes of action are no longer at issue on this motion. And, Mr. Komski passed away on November 12, 2018, and the Court is not aware of any record action at presen...

Excerpt: ...er's is directed to review Local Rule 1.06 and provide the requisite language regarding the court's tentative ruling procedure in all notices of motions and applications. This court is not persuaded that any of the conduct attributed to defendant or its attorney (e.g., declining to sign and return the Notice and Acknowledgement of Receipt of Summons & Complaint; failing to timely respond to the original complaint; and filing a demurrer to both or...

Excerpt: ...rties have informed the Court that Mr. Komski has passed away. Mr. Komski alleged his status in the present action as the Master of the California State Grange, and as a de facto director of Foundation. Mr. Skinner's declaration states that “[t]he California State Grange may seek to substitute one or more other individuals into this action in place of Mr. Komski.” (Skinner Dec., 1:23‐24.) The case record does not indicate that any steps hav...

Excerpt: ...r a stay are DENIED as moot. Defendants' request for judicial notice of court documents is GRANTED. Overview This is a PAGA action under the Labor Code. The representative plaintiff is Ashleigh Phillips‐Armstrong (Plaintiff). Plaintiff filed this action on 8/24/18. She alleges that, between March 2017 and late August 2017, she worked for Defendants at a Chili's Grill & Bar Restaurant in Sacramento. (Compl., ¶ 6.) The complaint contains a singl...

Excerpt: ...man who worked as an information systems manager at UC Davis Medical Center (“UC Davis”). She alleges that UC Davis engages in racial discrimination (disparate treatment) in the way the employees were promoted and in the way IT work was assigned. She alleges that she was retaliated against for making complaints regarding racial discrimination. Plaintiff began her employment in December 2011. She was terminated from her position on September 1...

Excerpt: ...�game purchases of deceptively marketed in‐game items in Defendant's immensely popular games Overwatch and Hearthstone. The complaint concerns Defendant's “unfair and deceptive marketing of ‘Packs' for purchase by Hearthstone users, and of "Loot Boxes" for Overwatch users. Packs and Loot Boxes are virtually identical except in name. They both contain virtual items for use in the game, and they are purchased with real money. Blizzard...

Excerpt: ...llectively “Plaintiffs”). Plaintiffs allege what appears to be an oral agreement that they would acquire title to a residence in exchange for payments to Fisher. Plaintiffs allege the following: 8. Prior to January, 2018, FISHER was the reputed owner of the Residence, but was not on title at that time. 9. In about January 2018, FISHER'S son, Coye Fisher ("Coye"), contacted DUPLECHAN about purchasing the Residence. Coye had previou...

Excerpt: ...h of contract, breach of warranty of habitability, and wages owed. Among other things, Scallin alleges that he was required to perform work on the property to make it habitable, and that he should be compensated for his labor. In June 2018, RRI served Scallin with its first sets of form interrogatories, special interrogatories, requests for admissions and document requests. Scallin's attorney did not timely object. In late July 2018, Scallin serv...

Excerpt: ...or Ridgestone Apartments, to the amended complaint filed on 10/30/18 is OVERRULED in part and SUSTAINED in part without leave to amend. Logos' further request for an order transferring this matter to the court's small claims division is DENIED. Plaintiff Kent Taylor's (Taylor) request for a continuance is DENIED. Although Taylor filed an extensive opposition on 1/04/19, he argues that an automobile collision on 12/20/18 caused him head trauma tha...

Excerpt: ...on 9/1/2017. The caption on all filings should be identical to the original complaint regardless of the fact that some parties have been dismissed or added and/or that their true names have been subsequently discovered. Factual Background Plaintiffs allege that in October 2016 contractors hired by the City of Sacramento (“City”) trespassed onto plaintiffs' property and wrongfully and unnecessarily denuded a number of trees without notice or c...

Excerpt: .... Trial is currently set to commence on 3/11/2019. Defendant avers that around the end of October 2018, it discovered that it inadvertently failed to include this affirmative defense in its November 2016 answer to complaint (despite the fact defendant had raised this same defense by demurrer in August 2016 and reasserting it in subsequent motions for summary judgment). Contending that plaintiffs have long been aware of defendant's theory this cas...

Excerpt: ...ce which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant/cross‐complainant Martinez's motion for summary judgment/adjudication on plaintiff's complaint is ruled on as follows. Although the notice of motion provided notice of the court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, ...

Excerpt: ...itted on law and motion matters. *** *** If oral argument is requested in an attempt to obtain leave to amend, plaintiffs shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendants Samuel Merritt University (“SMU”), Sutter Health (“Sutter”) and Isaac Bristow's (“Bristow”) (collectively “Defendants”) demurrer to the Third Amend...

Excerpt: ...for the sale of illegal drugs, prostitution and public sex acts, and has become a haven for homeless people. Plaintiff also alleges that there has been an increase in burglary and theft. Plaintiff brings the complaint using the pseudonym “John Doe” because he wishes to maintain his privacy and has a fear for his safety. Plaintiff alleges that he lives in close proximity to the defendants and the property. Defendant moves to strike the complai...

Excerpt: ...alite's Employee Personnel Manual. Plaintiff does not dispute whether there is a valid arbitration agreement. Rather, Plaintiff insists that the arbitration agreement is unconscionable. Legal Standard The party seeking to compel arbitration bears the burden of proving the existence of a valid arbitration agreement. (Engalla v. Permanente Medical Group (1997) 15 Cal.4th 951, 972.) "Once that burden is satisfied, the party opposing arbitration ...

Excerpt: ...n attempt to obtain leave to amend, plaintiffs shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** The court notes that the caption page for all papers filed in this case should reflect the caption of the original complaint filed on 2/1/2018 regardless of the fact that the name of one of the plaintiffs has subsequently changed. Factual Background...

Excerpt: ...tion by the court. The court has received the parties' joint statement and now rules as follows. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background In this elder abuse/wrongful death action, defendants have issued a records subpoena to CRM seeking “Any and all documents (lease, complaints, information re cockroach infestation, documents from or to and/or correspondence from/to Adult Protective Services, communi...

Excerpt: ...ors. The Association commenced this lawsuit based on allegations that, in violation of the community's CC&Rs, Thompson was “refus[ing] to park his car in the garage and … [was] allowing two males under 45 years of age to reside at his home[.] (See Compl., ¶ 17.) On 7/10/18, the court entered default judgment against Thompson. The judgment includes monetary relief of approximately $8,000. It also enjoins Thompson to: (a) Comply with the Decla...

Excerpt: ...ction arises from a dispute relating to the control of a restaurant owned by OSI on Natomas Crossing Drive. Moving Papers. Ming claims to be the sole shareholder, officer and director of OSI following his brother Kenny's sale of his 50% stock interest in OSI back in 2008 but curiously, Ming concedes corporate records continue to reflect Kenny's “50% ownership” in OSI even after the sale. Plaintiffs now seek to enjoin Kenny from (1) representi...

Excerpt: ...tal, LLC's (Ascentium) reply. If Defendants Buttles Custom AG, LLC (Buttles Custom), Lindsay Buttles and/or Jacob Buttles (collectively “Defendants”) wish to file a sur‐reply to confront Ascentium's new evidence, then their counsel shall request oral argument and propose a reasonable continuance at the time of hearing. *** Ascentium's motion for summary judgment is GRANTED. Overview This is an action on a commercial loan agreement and relat...

Excerpt: ...he hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendants One Call Medical, Inc. (NJ), dba One Call Care Management; Zonecare USA of Delray, LLC (FL), dba One Call Care Transport + Translate's (collectively “One Call”) motion for summary judgment is ruled upon as follows. Overview Plaintiff Tyrone Shacklefoot filed this...

Excerpt: ...dicial notice of court documents filed in this case is GRANTED. Plaintiffs' request for judicial notice of a complaint filed in another case is DENIED as irrelevant. Factual / Procedural Background This dispute over real property ended with a motion granting summary judgment in Galletta's favor. (See Galletta Decl., Exh. 2 [Ruling of 7/10/18]; Judgment of 8/15/18.) The plaintiffs are 6492 Florin Perkins Road LLC (the “Company”), Miguel Rodrig...

Excerpt: ...e wished to purchase were on sale, when they were not. Macy's allegedly placed two clothing racks next to one another and displayed a "40% off" sign on one of the racks such that a reasonable consumer would have believed the merchandise on both racks was on sale. When he purchased shorts on the rack furthest from the on‐sale sign, he learned that he would have to pay the full price, which he paid. Stout alleges that other shoppers w...

Excerpt: ...al, Inc. and Paul D. Frank's (collectively “Defendants”) demurrer to Plaintiff La Jolla Cove Investors (“LJCI”) and Golden State Equity Investors, Inc.'s (“GSEI”) (collectively “Plaintiffs”) Second Amended Complaint (“SAC”) is ruled upon as follows. Overview In this action, Plaintiffs allege that they provide capital to real estate developers and businesses. In November 2013, LCJI loaned approximately $2.8 million to a borrowe...

Excerpt: ... the appointment of a receiver pursuant to a stipulation for entry of judgment ("Stipulation") is GRANTED. The appointment of a receiver after a judgment to carry the judgment into effect is authorized by Code Civ. Proc. § 564(b)(3). The Court may appoint a receiver to enforce the judgment when the judgment creditor shows that considering the interests of both the judgment creditor and the judgment debtor, the appointment of a receiver i...

Excerpt: ...Ray (1993) 16 Cal.App.4th 193, 198‐199 [documents other than the Statement of Damages under CCP § 425.11 do not provide valid, constructive notice of damages sought for purposes of default judgment].) Consequently, and subject to arguments at the time of hearing, the court intends to modify the judgment by reducing damages from $1,265,997 to $1,024,000. Defendant and Judgment Creditor Raghvendra Singh's (Singh) motion to set aside default, def...

Excerpt: ...nts were required to file a meet and confer declaration with their motion pursuant to CCP § 435.5(a)(3), and have done so. The Court now rules as follows. The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter that is properly subject to judicial notice. (Code Civ. Proc. § 437.) As with demurrers, motions to strike are disfavored. "The policy of the law is to construe pleadings 'liberally...

Excerpt: ...s, intentional interference with prospective and economic advantage, and unfair competition. PEM alleges that after having their employment with PEM terminated, defendants Varner, Granados, Lucia and Garcia breached their confidentiality agreement with PEM by soliciting PEM's customers and inducing them to enter into residential mortgage agreements with AMEC. According to the moving papers, AMEC has now agreed to settle the claims asserted by PEM...

Excerpt: .../29/2018 defendant Krivacic, described as the Box Office Manager at the Golden One Center, “reached the arbitrary, irrational conclusion that [plaintiff]…was scalping Sacramento Kings tickets” and then made a false statement to his staff (and possibly others) about plaintiff “scalping” Sacramento Kings tickets. The 1AC adds that in a 2017 lawsuit plaintiff made essentially the same allegation against defendant Krivacic, who was in 2015 ...

Excerpt: ...emurrer to the complaint is SUSTAINED IN PART and OVERRULED IN PART, with leave to amend, as follows. Defendant's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Defendant's counsel is reminded that the meet‐and‐confer requirements of Code of Civil Procedure §430.41 are not optional and s/he must comply with the statutory meet ‐and‐confer requirements before filing a demurrer including but not limited to “identify [ing] all ...

Excerpt: ...urance Company of Wisconsin's demurrer to pro per Plaintiff Sirree Wyatt's first amended complaint (“FAC”) is ruled upon as follows. This is a breach of contract and bad faith action. Plaintiff alleges his car was stolen during the policy period, but Defendant denied Plaintiff's claim. Plaintiff alleges that on March 13, 2017, he appeared for a deposition with his counsel. Defendant's representative did not appear because she believed the dep...

Excerpt: ...onsolidated wage‐and‐hour putative class action. Andrea Spears (“Spears”) and Tomas R. Arana (“Arana”) (collectively “Plaintiffs”) are the named plaintiffs. Defendant Health Net of California, Inc. (“HNCA” or “Defendant”) is the moving party seeking summary adjudication here. Plaintiffs allegedly served as hourly, non‐exempt employees in HNCA call centers. Arana allegedly was promoted to a salaried, exempt position in or...

Excerpt: ...rated by her father, co‐plaintiff Serget Kalinovskiy. Defendant Gurwinder Singhrana (“Singhrana”) was also operating a tractor and trailer rig. Plaintiffs allege that Singhrana and co‐defendant Ranu Bros Transport, Inc. (“RBT”) owned/operated the rig. Plaintiffs allege that Singhrana collided with the rig in which Victoria was a passenger, causing her death. Yelena alleges that she has sustained a “loss of love, companionship, comfo...

Excerpt: ... CSAA Insurance Exchange's (CSAA) medical expert is GRANTED in part and DENIED in part as follows: Burks and CSAA are involved in an underinsured motorist arbitration. CSAA retained Mark Hambly, M.D. (Dr. Hambly), a spinal surgeon, to testify about Burke's injuries, pre‐existing conditions, causation, treatment and prognosis. When CSAA disclosed Dr. Hambly as its medical expert, it asserted that “Dr. Hambly's rate for deposition is $1,000 an ...

Excerpt: ...Both moving and opposing parties failed to comply with CRC Rule 3.1110(b)(3)‐(4). Both the moving and reply memoranda fail to comply with CRC Rule 3.1113(d)‐(e) but they were nevertheless considered. Plaintiffs' “Objections to Defendants' Motion” are overruled. To the extent these are construed as objections to defendants' evidence, the court notes that many are not actually directed at “evidence.” Plaintiffs' objections to the “new...

Excerpt: ...�� existence of a triable issue of material fact. *** Defendant Berry's motion for summary judgment is DENIED because the moving papers failed to satisfy defendant's initial burden under Code of Civil Procedure §437c (p)(2) and even if this initial burden had been met, plaintiff carried her burden of producing evidence sufficient to establish at least one triable issue of material fact which mandates denial of summary judgment as a matter of law...

Excerpt: .... Butalla's CSAA policy provides uninsured motorist coverage. Both Insurance Code § 11580.2 and the policy require Butalla to demand an arbitration to resolve his coverage dispute with CSAA. Background Facts/Procedure In January 2013, Butalla, through his former counsel Joseph Cooper (Cooper), served CSAA with a written demand to arbitrate. (Schultz Decl., ¶ 3.) The demand, which was served by certified mail / return‐receipt requested, expres...

Excerpt: ...damages is GRANTED but with leave to amend, as follows. The opposition papers inexplicably fail to comply with CRC Rule 3.1110(b)(1), (3)‐(4). Factual Background This action arises from a motor vehicle accident alleged to have occurred when defendants' vehicle made an illegal u‐turn directly in front of plaintiff, who asserts that the driver fled the accident scene and either has been or will be convicted of felony hitand‐run. The complaint...

Excerpt: ... law and motion matters. *** *** If oral argument is requested in an attempt to obtain leave to amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendant Sacramento City Unified School District's (“District”) demurrer to plaintiff Coleman's Fourth Amended Complaint (“4AC”) is SUSTAINED without leave to amend, as follo...

Excerpt: ...ED in part. Wells Fargo's request for judicial notice of court documents, recorded land documents and an agreement cited in the FAC is GRANTED. In taking judicial notice, the court accepts the fact of these documents' existence and the fact of their contents. It does not accept the truth of the contents, including the truth of an amount asserted to be the arrears on a promissory note. (See RJN, Exh. I, pp. 3, 5; See Scott v. JPMorgan Chase Bank, ...

Excerpt: ...vehicle operated by defendant Williams and another operated by defendant Erik Gontar but owned by his father, Anatoliy. Trial is currently set to commence on 9/10/2018. Defendant Williams has agreed to pay one‐half of plaintiff's claimed damages, or just over $10,300, in exchange for a release and dismissal. Williams seeks by this motion a good faith determination which would effectively bar Erik and Anatoliy Gontar's respective cross‐complai...

Excerpt: ...case arises indirectly from a dispute between a national fraternal organization (“National Grange”) and individuals formerly operating its subordinate, constituent unit in the State Grange. On April 5, 2013, the National Grange revoked the State Grange's charter and restored it, under new leadership, in July 2014. The revoked State Grange has changed its name to “The California Guild.” (“Guild”). Considerable litigation ensued bef...