Excerpt: ...uire Posting of Security is GRANTED as follows. Defendant's request for judicial notice is granted. The Court notes it did not consider the filings submitted by Plaintiff on December 17, 2020, and December 28, 2020, as Plaintiff did not have leave of court to submit supplemental briefing on the motion. A. Background Plaintiff, in pro per, is an inmate currently incarcerated at Corcoran State Prison. Plaintiff's form complaint states that he sues ...

Excerpt: ...actually given any discount. Plaintiff alleges that Defendant “lures and entices shoppers to enter its stores and shop by displaying a false and misleading ‘20% OFF' sign, causing customers to believe all merchandise in the store is 20% off; when in reality, only some of its merchandise is 20% off; and further by placing 20% off standing signs on store shelves above merchandise that is being sold at full price.” (Compl. ¶ 1.) Plaintiff all...

Excerpt: ... On January 28, 2021, Plaintiff filed a supplemental declaration attesting to meet and confer efforts of counsel to obtain the documents. Defendant did not submit a supplemental declaration or other pleading. According to Plaintiff, all efforts to meet and confer were unsuccessful and, beyond that, Defendant declined to produce individuals whose depositions had been set for January to who might have aided in the designation, classification, and p...

Excerpt: ...(“Essentia”) filed an Opposition. (ROA 260.) This ruling addresses SMUD's MSJ as opposed by Essentia. Essentia also filed a Joinder (ROA 261) stating “Plaintiff ESSENTIA INSURANCE COMPANY A/S/O JOHN W. COX hereby incorporates by reference the Opposition of Plaintiff FEDERAL INSURANCE COMPANY'S and the Opposition of Plaintiff TRAVELERS INDEMNITY COMPANY OF CONNECTICUT'S including all memorandum of points and authorities, declarations, exhibi...

Excerpt: ...rs of receiving it. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be February 24, 2021 to participate in oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. Plaintiff Gregory Taylor's (“Plaintiff”) “Motion for Relief from the First Amended Complaint” (Register of Acti...

Excerpt: ...'s request for judicial notice is granted. Defendant demurrers on two grounds: (1) the FAC fails to comply with the Government Claims Act and all claims are barred under Government Code section 900, et seq., and (2) the FAC fails to plead exhaustion of administrative remedies under Title 15 of the California Code of Regulations. Plaintiff alleges two causes of action against Dr. Arya, one for negligence and the other for intentional infliction of...

Excerpt: ...d by Code of Civil Procedure §1290.2, which specifies that a petition relating to arbitration “shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions” (i.e., Code Civ. Proc. §1005(b)), keeping in mind that 1/18/2021 (Martin Luther King, Jr. Day) was a court holiday. (Code Civ. Proc. §12c; Barefield v. Washington Mutual Bank (2006) 136 Cal.App.4th 299, 303.) Ordinarily, such d...

Excerpt: ... Factual Background This suit was commenced by plaintiff on 7/16/2020 as a representative action for civil penalties under the Labor Code's PAGA, asserting various wage‐and‐hour claims based on several different provisions of the Labor Code. On 9/15/2020 plaintiff filed a First Amended Complaint (“1AC”) which purports to add to the existing representative claims under the PAGA several new claims on behalf of a putative class of employees,...

Excerpt: ...ction 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. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of plaintiffs Felina and Percival Roque's $500,000 investment in a cannabis cultivation business. Plaintiffs generally allege that the various named defendants ...

Excerpt: ... December 1, 2021 (ROA #76.) A copy of the proposed amended pleading is attached to the Motion as Exhibit A. The Motion describes 18 additions, deletions or other alterations, and is supported by the declaration of Plaintiffs' attorney Stratton S. Barbee (“Barbee Dec.”) explaining that the amendments are not based on new facts, and that the effect of the amendment is to set forth the facts supporting the complaint in a more clear and organize...

Excerpt: ...tion to Interplead Penal Amount of Contractor's State License Bond And Bond Of Qualifying Individual. AIC alleges that it issued, “as surety, on behalf of James Peterson Industries, Inc. dba Solar 4 America (“PII”), as principal, a certain California Contractor's State License Bond No. SUR0022726 in the penal sum of Fifteen Thousand Dollars and No Cents ($15,000.00), pursuant to Business and Professions Code Sections 7071.5 ‐ 7071.11, eff...

Excerpt: ...uthorities” (“FAC MPAs”). The JC Form is merely the initial first three pages of the JC Form with no attachments that include the charging allegations. With respect to the paragraph 9 of the JC Form related to compliance with the claims statute, Plaintiff checked the box that he was excused from complying because “Plaintiff attempted to exhaust administrative remedies and was denied by prison officials when they failed to return the appea...

Excerpt: ...as well as for an award of $3,648 in attorney fees and $435 in costs, is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing parties 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 counse...

Excerpt: ...1/20/2019, Defendants served CCP §998 Offer in the amount of $156,001. Plaintiffs accepted the offer which included a full statutory “buy‐ back” of the vehicle, as well as other damages and penalties. Pursuant to Civ. Code §1790(d), Plaintiffs seek attorneys' fees under the “lodestar” method in the amount of $12,937.50, a “lodestar” enhancement of 0.5, in the amount of $6,468.75, for a total of $19,406.25 as the attorneys' fees, a...

Excerpt: ... of documents (set one) is ruled upon as follows. Plaintiff QBE alleges that its insured, Tara Goleno (“Goleno”), hired a contractor to remodel the kitchen in her home. As part of the remodeling job, the contractor installed a new dishwasher which connected and attached a Watts dishwasher adapter fitting to the new dishwasher. QBE alleges that on 12/14/2018, water loss from Watt's dishwasher adapter fitting caused water damage to the home and...

Excerpt: ...** Plaintiff Christopher Daneri's (“Plaintiff”) motion to compel further discovery responses from Specially Appearing Defendant LG Chem America Inc. (“LGCAI”) regarding jurisdictional discovery responses (set three), and to compel jurisdictional deposition is ruled upon as follows. LGCAI has a pending motion to quash service of summons and complaint due to lack of jurisdiction. The court has continued the motion a number of times to allow...

Excerpt: ... 15, 2019. On October 15, 2019, defendants requested a continuance of the motions to January 31, 2020, upon the ground that the plaintiff's counsel requested additional time to complete depositions prior to filing an opposition, and that all parties agreed to the continuance. The motions for summary judgment and concurrent motion to seal exhibits were continued accordingly. On January 8, 2020, defendants' counsel again requested a continuance of ...

Excerpt: ...cluding benzene, acetone and hydrofluoric acid during her employment at California Professional Firefighters and Firefighters Print and Design (collectively “CPF”) between 1986 and July of 2019. Plaintiffs allege that products containing benzene, acetone and hydrofluoric acid were a causal factor of her illness. Seanne alleges that she was exposed to K.Wilson's products, which she alleges are benzene‐containing petroleum hydrocarbon solvent...

Excerpt: ...ng causes of action for unpaid wages, unpaid overtime, failure to pay a minimum wage, meal and rest break violations, waiting time penalties, wage statement penalties, unfair competition. On June 19, 2019, pursuant to the California Code Private Attorney General Act of 2004 (“PAGA”), Plaintiff provided notice to the California Labor and Workforce Development Agency of alleged labor violations committed by Defendant in the manner required by l...

Excerpt: ...s of receiving it. The hearing date is automatically continued one week plus one court day to February 2, 2021, for oral argument. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The litigation coordinator shall make Plaintiff available by CourtCall or by Zoom audio (if available) to participate in oral argument at 9:00 a.m. on the continued hearing date, which will be February 2, 2021...

Excerpt: ...jury action arising out of a motor vehicle accident that occurred on November 15, 2016. Defendants served Plaintiff Thomas Lane (“Plaintiff”) with a Demand for Medical Examination on April 8, 2020 (“Demand”). The Demand, made under Code of Civil Procedure (“CCP”) section 2032.220, stated that Plaintiff would “appear for a physical examination . . . to be conducted by Gary M. Alegre, M.D., an orthopedic surgeon. . . . for the purpose...

Excerpt: ...ect evidence is immaterial to disposition of the motion. Overview This is a real estate nondisclosure action concerning real property commonly known as 8217 Stevenson Ave., Sacramento, CA, 95825 (the “Property”), in which Plaintiff Abel Moldovan (“Plaintiff”) purchased the Property from Defendant. Co‐ defendant Mary Garcia was the Property's listing agent. Plaintiff alleges Defendant failed to disclose that the Property encroached onto ...

Excerpt: ... putative class action plaintiff alleges his employer failed to pay all wages due as a result of utilizing a timeclock system which rounds the employees' entries to the nearest quarter‐hour for purposes of calculating their wages. The parties stipulated pursuant to Code of Civil Procedure §437c(t) to have this issue presented for summary adjudication based primarily on the following facts: Timeclock records for 171 members of the putative clas...

Excerpt: ...irst was a petition for writ of mandate filed in 2015, which is now on appeal. It was followed by another writ petition in 2017, which is presently stayed pending the appeal of the 2015 writ petition. The present civil action was commenced on 7/22/2019 and the original complaint in this case, although difficult to comprehend, generally alleged that defendant Carreon, an employee in District's “HR” department, and co‐defendant Rittling, an a...

Excerpt: ...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 the page limitations set forth in CRC Rule 3.1113(d), and plaintiff did not comply with the requirements of Rule 3.1113(e) prior to filing the oversized opposition, but the opposition was nevertheless considered. The C...