Excerpt: ... DROPPED in part as moot. Dr. Klaisle's further motion for an order compelling a further written response to Document Request No. 19 is GRANTED. Background Facts/Procedure The court previously summarized this lawsuit as follows: This case presents a business dispute. The plaintiffs are Dr. Klaisle, M.D. and Deborah Klaisle M.D., a Professional Corporation… . The business in question is a “medical marijuana evaluations practice” (Practice). ...

Excerpt: ...*** Cross‐defendant Department of Parks & Recreation's (“Parks”) demurrer to the First Amended Cross‐ Complaint (“1ACC”) of Fresno County Economic Opportunities Commission (“FEOC”) is SUSTAINED with leave to amend, as follows. Factual Background 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 term...

Excerpt: ...mons and complaint and had no notice of this lawsuit until 7/28/2018, when she received plaintiff's application to renew the judgment against her. Specifically, defendant claims that personal service of the summons and complaint on the date listed in the proof of service did not occur because (1) the physical description found in the proof of service (35 year old female with brown hair, 5 feet 7 inches tall and 160 pounds) does not match defendan...

Excerpt: ...ed to comply with CRC Rule 3.1110(b)(4). The court notes that plaintiffs paid only one $60 filing fee in connection with this motion, although it seeks at least two (2) different orders (i.e., to compel compliance with prior order and to permit deposition after discovery cutoff). A separate filing fee is required for each. (Gov. Code §70617(f).) This lawsuit arises from a business transaction whereby plaintiffs purchased for $1.5 million the ass...

Excerpt: ...oss‐ Petition to Correct or Vacate the Arbitration Award are ruled upon as follows. 1. Overview This is an action for fraud, negligent misrepresentation, negligent/intentional breach of fiduciary duty, breach of contract of the Amended and Restated Buy‐Sell Agreement, breach of contract of the Amended and Restated Shareholder Employment Agreement, breach of implied covenant of good faith and fair dealing, common count, and accounting Applebla...

Excerpt: ...ation and began receiving injections in his eyes. He alleges that [CPCC] compounded the injected drug‐‐Bevacizumab‐‐and sold it to [codefendant] Vitreo, which administered the injections. Bevacizumab is an “off label use of Avastin.” [Citation.] According to Gelso, he received an injection from a syringe that CPCC supplied and that was contaminated with silicone. The contamination allegedly damaged his vision. He alleges Vitreo knew a...

Excerpt: ...ant Perdue Foods, LLC's demurrer to Plaintiffs Esther Fay Suckle as Trustee of the Suckle 1999 Living Trust, et al.'s Complaint is ruled upon as follows. Overview This is an action for breach of a purchase and sale agreement (“PSA”) between Defendant and Plaintiffs over the Defendant's use of groundwater. Plaintiffs allege that in May 2011, Defendant's affiliate called “Petaluma Acquisition, LLC” (“Petaluma”) entered into a lease agre...

Excerpt: ...laintiffs are Mina Habal (Habal) and Rona Ayub (Ayub) (collectively “Plaintiffs”). Plaintiffs contend that the vehicle Habal was driving was struck from behind on the freeway. Ayub was Habal's passenger. Both Plaintiffs allege physical and emotional injuries. In their original, Judicial Council form complaint filed in October 2016, Plaintiffs only named Nathan G. Levinson (Levinson) as a defendant. Plaintiffs alleged that Levinson was liable ...

Excerpt: ...Pacific) is OVERRULED. Overview This case presents an employment dispute. The plaintiff and former employee is Nazareth Howard III (Howard), who is African‐American. Pacific is the defending employer. In the first amended complaint (FAC), Howard alleges that a fellow employee “called [him] a stupid ‘N‐word'” after he asked for assistance while learning to cut fish. (FAC, ¶¶ 10, 11.) Howard further alleges that he informed Human Resour...

Excerpt: ...nostic & Solutions, Inc. (Advanced Pain) (collectively “Defendants”) is SUSTAINED in part and OVERRULED in part. Overview This case encompasses employment disputes and a dispute between a patient and healthcare providers. The plaintiffs are Joanne Davis (Davis), Mariah Florez (Florez) and Mary Tovar (Tovar) (collectively “Plaintiffs”). Davis alleges that Defendants, as well as Co‐Defendant Derrick Mullin, R.N. (Mullin), provided her wit...

Excerpt: ...of ruling on this motion but is then reinstated to continue in effect until the arbitrator's filing of a statement of decision. Defendants' Evidentiary Objections to the Declaration of Malanga are sustained. This is a construction defect cause brought by a number of homeowner plaintiffs. Plaintiffs Willie and Robin Bailey (“Baileys”) are original purchasers while the remaining plaintiffs are subsequent purchasers. Plaintiffs filed thi...

Excerpt: ...reement. (Engalla v. Permanente Medical Group (1997) 15 Cal.4th 951, 972.) "Once that burden is satisfied, the party opposing arbitration must prove by a preponderance of the evidence any defense to the petition.” (Sparks v. Vista Del Mar Child and Family Svcs. (2012) 207 Cal.App.4th 1511, 1517.) 2. Analysis Defendant moves to compel arbitration pursuant to the Mutual Arbitration Agreement (“Agreement”) which Plaintiff signed when she b...

Excerpt: ...laintiff was involved in a motor vehicle accident which resulted, in part, on his left leg being amputated. In his November 2016 discovery responses, Plaintiff asserted that he has been unable to use the prosthesis due to his back injury. Assuming that his back injury improves, Plaintiff contends that he will have to be refitted for another prosthesis in the future, which costs approximately $45,000. On 6/12/2018, the Court granted, in part, and ...

Excerpt: ...nts allege that the third cause of action is based on managerial actions that do not constitute harassment as a matter of law, and the claim does not allege sufficient facts demonstrating the harassment was severe and pervasive. Defendants' motion is ruled upon as follows. Plaintiff's TAC was filed on June 21, 2018, and alleges causes of action for disability discrimination, failure to accommodate, and harassment. Factual Background This case is ...

Excerpt: ...e Attorneys General Act (“PAGA”) claims. Defendants move on the grounds that (1) Plaintiff's individual claims are subject to final and binding arbitration pursuant to a valid and enforceable agreement between the parties to arbitrate; and (2) Plaintiff's purported representative PAGA claims are expressly prohibited pursuant to a valid and enforceable representative action waiver between the parties. In the alternative, if the Court finds the...

Excerpt: ...thout prejudice. The motion is premature and is more appropriately addressed to the trial court as a motion in limine. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(A). Morrison's counsel is directed to contact Plaintiffs' counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Morrison's counsel is unable to contact Plaintiffs' co...

Excerpt: ...on the ground there was no valid service of summons and complaint. More specifically, defendant claims he did not reside at the address where the substituted service was allegedly made and that he never received actual notice of this lawsuit until he received notice of the judgment's renewal, which had been mailed to his mother's house. Analysis. At the outset, the court notes that although the filing of a proof of service may give rise to a “p...

Excerpt: ...f has served a notice for the deposition of defendant's PMK on 44 topics which correspond to each of defendant's 44 “purported” affirmative defenses. The notice also seeks all documents the “evidence, refer or relate to,” “support” and/or “negate” each of defendant's 44 “purported” affirmative defenses. Defendant now seeks a protective order preventing this PMK deposition from going forward on the ground that the protective or...

Excerpt: ...c). Factual Background This action arises from the marital dissolution proceedings between plaintiff and his wife. Plaintiff, a licensed attorney, for the most part represented himself while his wife was primarily represented by defendant DeCuir. It appears the dissolution proceedings in El Dorado County were rather contentious in numerous respects. Plaintiff's complaint filed on 3/5/2018 purported to allege against DeCuir only causes of action f...

Excerpt: ...“City”) demurrer to the First Cause of Action of the First Amended Complaint (“1AC”) is OVERRULED, as follows. Factual Background In this action plaintiff alleges that while she was physically incapacitated by an epileptic seizure and otherwise restrained for transport to the hospital, defendant Evans, a paramedic from the Sacramento Fire Department (“SFD”), made inappropriate remarks about and fondled plaintiff's breasts in the prese...

Excerpt: ...hinn's demurrer to Plaintiff Edith Montanez's complaint is ruled upon as follows. Defendant's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36‐37 [trial...

Excerpt: ...and Dean Rose's (collectively “Defendants”) demurrer to Plaintiffs Ralph (“Ralph”) and Kirsten Richardson's (collectively “Plaintiffs”) first amended complaint (“FAC”) is ruled upon as follows. Plaintiffs' request for judicial notice is granted. Overview This action involves the sale/purchase of a home. Plaintiffs allege that in early 2013, the entered into an oral agreement wherein Defendants would purchase the property (“Prope...

Excerpt: ...in their role as Plaintiffs' financial advisor, induced them to invest their money in two faulty investments: (1) an oil well project that appears to have been a Ponzi scheme, and (2) the Donnelly Fund, which had already lost all its employees and was under investigation for fraudulent bankruptcy filings when Plaintiffs invested. Plaintiffs allege they lost a large portion of their retirement savings as a result of their faulty investments. As Pl...

Excerpt: ... and during her employment, she was exposed to hazardous chemicals on the job. Plaintiffs allege that as a result of her exposure, Seanne developed injuries to her internal organs, including multiple myeloma. Plaintiffs bring causes of action against Grafsolve and multiple other defendants for (1) negligence, (2) failure to warn, (3) design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. Grafsolve...

Excerpt: ...ed to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Department of State Hospitals (“DSH”), Mark Grabau and Heather Riis' (collectively “Defendants”) motion for summary adjudication of plaintiff's causes of action for disability discrimination and violation of the California Whistleblower Protection Act at Government Code §8547 et seq. (�...

Excerpt: ...* Defendants Lawrence Lee ("Lee") and Equitech, Inc.'s ("Equitech")(collectively "Defendants") demurrer to Plaintiffs' second amended complaint ("SAC") is ruled upon as follows. This is an action for breach of fiduciary duty, fraud, constructive fraud, and conversion. Plaintiffs Robert Tellesen ("Tellesen"), J. Paul Muizelaar ("Muizelaar"), and Vogue Homes, Inc. ("VHI") (collectively...

Excerpt: ...laintiffs allege that Alfadel's relationship with FedEx commenced in 2008 when Alfadel obtained a position managing a FedEx shipping route belonging to a friend. Alfadel began buying FedEx delivery routes through his different corporations. Alfadel owns and operates several Sacramento‐based transportation businesses, including J&J. Plaintiffs allege that "[a] substantial portion, if not all, of Alfadel's revenue is derived from cont...

Excerpt: ...ll be addressed 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. *** Defendants Sacramento City Unified School District, Andrea Nava, Michael Kirkendoll and Yanely Hinojosa's (collectively “Defendants”) motion for summary judgment is ruled upon as follows. In this action, Plaintiffs Ahryah Ward (“Ahryah”), a minor,...

Excerpt: ... similarly situated as provided by various provisions of the Labor Code pertaining to overtime compensation, rest periods, and so forth. Inter‐State is Plaintiff's former employer. Plaintiff alleges that he was an hourly, nonexempt employee from approximately June 2012 to approximately October 2014. Plaintiff further alleges that Defendant engaged in the various labor violation of California law with regard to him and his fellow employees such ...

Excerpt: ...of contract. On June 4, 2018, the Court sustained the demurer as to the Third and Fourth Causes of Action. In its tentative ruling, the Court noted that while Plaintiff had agreed to withdraw or dismiss the Third Cause of Action for negligent misrepresentation against the Doerings, no dismissal had been filed by the demurrer hearing date; accordingly, the demurrer to the Third Cause of Action was sustained without leave to amend. As to the Fourth...

Excerpt: ...malpractice. The Plaintiffs are Sarah Elkington (Sarah) and Erik Elkington (Erik) (collectively “Plaintiffs”). In the FAC, Plaintiffs allege that Defendants and others failed to treat Sarah's ulcerative colitis properly and caused her to suffer serious injuries, including a miscarriage, surgeries and conditions requiring life support. Plaintiffs allege that Erik was Sarah's fiancée, registered domestic partner or husband during the relevant ...

Excerpt: ...ult of authorizing The Public Safety & Rehabilitation Act of 2016 (“Proposition 57”). Proposition 57 added Article I, section 32 to the California Constitution, providing, in relevant part, that any state prison inmate convicted of "a nonviolent felony offense" shall be eligible for parole consideration after completing the full term for the inmate's primary offense. (Cal., Const., art. I, § 32, subd. (a)(1).) Plaintiff claims th...

Excerpt: ...could not with reasonable diligence have been presented to the court at or before the time of the 7/5/2018 orders denying plaintiff's motions to deem admitted and (2) even if he had, these alleged new or different facts or circumstances did not justify a different outcome on the earlier motions to deem admitted. Plaintiff appears to base the present motion for reconsideration on the fact that, despite the court's findings in the 7/5/2018 orders t...

Excerpt: ... documents concerning communications between Ellis Law Group, LLP and Frank Latham regarding the amount of money to be paid as attorneys' fees to Mastagni Holstedt, APC. Although entitled a “motion to compel further responses”, Mastagni is actually seeking to compel Ellis to produce certain items in its privilege log which it contends has been waived as expressed in the Court's 5/23/2018 Order. Ellis appears to have understood the motion as o...

Excerpt: ...t examinations of Plaintiff. The parties agreed that Plaintiff would submit to two psychiatric exams and one physical exam. At issue here is the psychiatric exam by Dr. Jason Roof. Plaintiff agreed to appear on July 26, 2018 for the exam. The parties further stipulated that “[b]ecause the doctors are setting aside time for the examination and testing, they will lose valuable time that can be scheduled for others in the event Plaintiff does not ...

Excerpt: ...ion of issues is DENIED as well. Overview In this personal injury case, Plaintiff Richard Green (Green) is suing the Club on theories of negligence and premises liability. The premises liability cause of action includes counts for negligent ownership, maintenance management and operation; willful failure to guard or warn against a dangerous condition, use, structure or activity under CC § 846; and dangerous condition of public property. Green al...

Excerpt: ... Daniel Yakushchenko. Yakushchenko's complaint against Valaga contains causes of action for general negligence and premises liability. According to Yakushchenko, he was helping Valaga carry branches on Valaga's property and suffered an eye injury. Yakushchenko has admitted smoking marijuana and drinking a beer several hours before he was injured. Valaga deposed Yakushchenko on 6/01/18. With respect to the following questions, Yakushchenko's couns...

Excerpt: ...s granted, it will assign counsel to Defendant Golden Eagle Logistics, Inc. (Golden Eagle), whether or not under a reservation of rights. Progressive appears to have had enough time to determine whether it must defend Golden Eagle and on what terms. * * * * * Progressive's motion for relief from default and default judgment is GRANTED. Overview This case involves allegations that cargo was damaged in transit. The plaintiff and judgment credit...

Excerpt: ...��The pecuniary value of the decedent's society, comfort and protection is recoverable, but mental and emotional distress, including grief and sorrow, are not”].) The motion of Defendants Sy Arden Way, LLC; Syufy Enterprises; SyWest Development LLC; SyWest Holdings, LLC; and Arden Way Hospitality LLC dba Motel 6 Expo Sacramento (sued as Arden Way Hospitality SPE, LLC and Motel 6‐CAL EXPO #4430) (collectively “Defendants”) to enforce s...

Excerpt: ...ong others, a cause of action for failure to pay overtime wages. It also contains a PAGA claim for civil penalties. The document requests currently at issue read: REQUEST FOR PRODUCTION NO. 1: Please produce, in electronic, Microsoft Excel spreadsheet format, all payroll records for the CLASS MEMBERS during the RELEVANT TIME PERIOD with anonymous numerical identifiers to protect privacy interests and the redaction of all personal information incl...

Excerpt: ...��(4). The declaration in opposition was not signed under penalty of perjury under the laws of the State of California, as required by Code of Civil Procedure §2015.5. The proof of service for the opposition papers fail to state the "exact title" of each document being served. Although defendant contends that plaintiffs failed to provide discovery responses pursuant to defendant's earlier motion to compel, it appears that plaintiffs did ...

Excerpt: ...n accordance with Code of Civil Procedure §1290.6 [response to petition to compel arbitration due within 10 days after service of petition] but was nevertheless considered. Although Code of Civil Procedure §1290 et seq. does not expressly permit “reply” briefs such as the one filed by OGS, it was considered. Factual Background This putative class action was filed on 4/17/2018 by plaintiff Wilson, alleging a variety of violations of the Labo...

Excerpt: ...de of Civil Procedure §2033.220. (Code Civ. Proc. §2033.280(c).) (Although the opposition indicates defendant's responses to the requests for admissions "are being filed [sic] concurrently with this Opposition," none appear in the court's file and none are attached to the opposition.) The opposition to this motion was not timely filed but it was nevertheless considered. Plaintiffs' electronic service of the moving papers on ...

Excerpt: ...f seeks damages for (1) past and future physical and mental suffering, (2) loss of enjoyment of life, (3) physical impairment, (4) inconvenience, (5) anxiety, and (6) emotional distress. (Compl. ¶8.) Plaintiff claims injury to various parts of her body, as well as memory loss, confusion, anxiety, irritability, inability to concentrate, insomnia, fatigue, sensitivity to light and noise, forgetfulness, mental fogginess, decreased cognitive ability...

Excerpt: ... “admits that all of the statements of the complaint [] are true,” except defendant states, “I had tried settling multiple times with loan me company.” (ROA 10.) Defendant's answer does not assert any affirmative defenses. On April 9, 2018, plaintiff filed a motion for judgment on the pleadings, arguing that the answer fails to set forth any facts that constitute a defense to the complaint. On May 8, 2018, the Court granted the motion wit...

Excerpt: ...��DOT”) for the real property located at 6008 Westbrook Drive, Citrus Heights, CA. (RJN Ex. 1.) Wells Fargo is the Loan servicer. (Compl. ¶3.) Plaintiffs defaulted on their Loan, and on October 18, 2016, Wells Fargo offered Plaintiffs a trial payment plan (“TPP”) for a modification of their Loan, which required three payments of $712.45. (Compl. ¶5, Ex. 1.) Plaintiffs allege that the TPP required Wells Fargo to establish an escrow account...

Excerpt: ... that Defendant failed to fix the Engine Defects within a reasonable number of attempts or replace the Vehicle. Plaintiff alleges that Defendant's failures to comply with its obligations under the Song‐Beverly Act were willful, and that she is entitled to civil penalties. On December 28, 2017, Plaintiff served Defendant with RFP's (Set 1) and a meet‐andconfer letter regarding Electronically Stored Information (“ESI”). (Gi Decl. Exs. 5, 7....

Excerpt: ...ntract, breach of fiduciary duty, elder financial abuse, and common counts. On December 7, 2016, Vorobets filed a Cross‐ Complaint against Espiritu, alleging two causes of action for (1) breach of contract, and (2) common counts. On January 23, 2018, Espiritu voluntarily dismissed his Complaint without prejudice in its entirety. After some further motion practice related to the dismissal, Espiritu ultimately filed his complaint as a separate ac...

Excerpt: ...ive for certain banned substances after taking a dietary supplement called Dexaprine XR. Defendants' motion for summary judgment is DENIED; their alternative motion for summary adjudication is GRANTED in part, and DENIED in part, as follows. Request for Judicial Notice Defendants' request for judicial notice is unopposed and granted. Plaintiff asks the Court to take judicial notice of three documents: (1) a criminal indictment, (2) a verified com...

Excerpt: ...ion is denied as to the First, Third and Fourth Causes of Action, and is granted as to the Second, as set forth below. Defendant's evidentiary objections are ruled upon as follows: Sustained ‐ 3, 4, 8, 10, 29, and 37; Overruled ‐ 1, 2, 5, 6, 7, 9, 11‐28, 30‐36. This action primarily stems from Plaintiff's disabilities related to his back, and the ongoing employment relationship between Plaintiff and Defendant as they both addressed Plaint...