Excerpt: ...al Masonry Builders, Inc.'s demurrer to Plaintiff Bay Cities Paving & Grading, Inc.'s first amended complaint (“FAC”) is ruled upon as follows. In this action, Plaintiff alleges that it entered into a joint venture (“Bay Cities/Myers JV”) with C.C. Meyers, Inc. (“CCMI”) to bid and construct the Hillcrest Project for CalTrans. The Bay Cities/Myers JV won the bid and entered into a prime contract with CalTrans. Plaintiff and CCMI indivi...

Excerpt: ...ndant the California Grange Foundation's (“Foundation”) motion for judgment on the pleadings is ruled upon as follows. Overview This case arises indirectly from a dispute between a national fraternal organization ("National Grange") and individuals formerly operating its subordinate, constituent unit in plaintiff the California State Grange. On April 5, 2013, the National Grange revoked the State Grange's charter and restored it, ...

Excerpt: ...es that in April 2006, she financed her property which was secured by a Deed of Trust (“DOT”). In early 2018, due to financial hardship, Plaintiff was unable to make timely mortgage payments. She alleges that she contacted “Defendants” for foreclosure alternatives. However, “Defendants” were nonresponsive, nor did they provide a contact for Plaintiff to speak to regarding a loan modification or other foreclosure alternatives. When Pla...

Excerpt: ... in Department 53 instead of Department 54. As a result of the error, defense counsel was not permitted to argue in Department 54 on 10/15/18, and the tentative rulings automatically became the court's orders. In the interests of justice, defense counsel will be permitted to appear for oral argument. The tentative ruling on Plaintiff's motions to strike supplemental witness designation and to quash deposition notice is reprinted below and...

Excerpt: ... (collectively “Defendants”) for summary judgment or, in the alternative, summary adjudication of issues is GRANTED in part and DENIED in part. Defendants' request for judicial notice of the first amended complaint (FAC) is GRANTED. Defendants' objection to Plaintiff Lisa Stellmacher's (Stellmacher) Notice of Errata, which contains pages missing from deposition transcripts cited in the opposition, is OVERRULED. Because Defendants possessed th...

Excerpt: ...trict” or “SCUSD”), Matthew Schlager (“Schlager” or “Asst. Principal Schlager”), Iyuanna Pease and Mirna Perez (collectively “Defendants”) is OVERRULED in part and SUSTAINED in part. The court takes judicial notice of the Claim for Damages (Claim) filed with the District on or about 7/28/17. The document is an official record. Although neither side filed a request for judicial notice of the document, both sides submitted a copy ...

Excerpt: ... ("SPA"). In the First Amended CrossComplaint ("FACC"), Martinez alleges that Alhambra is the one that breached the SPA. Martinez's FACC also alleges that he and Alhambra entered into a written Offer to Compromise Alhambra's known claims against Martinez in exchange for Martinez paying $100,000 to Alhambra. Martinez allegedly paid the $100,000 to Alhambra pursuant to the Offer to Compromise, which Alhambra accepted, and Al...

Excerpt: ...r to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a personal injury action. Plaintiffs Seanne and Steven Villanueva allege that Seanne has worked as a graphic designer for California Professional Firefighters since 1986 and durin...

Excerpt: ...cted to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Factual Background This action was filed on 6/11/2018 by plaintiff Voogd against SFM, which operates a “Sprouts Farmers Market,” and one of its...

Excerpt: ...ment is permitted on law and motion matters. *** Plaintiffs' motion to compel defendant General Motors' (“GM”) further responses to the former's Request for Production, Set One, is GRANTED IN PART and DENIED IN PART, as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a lemon law case relating to a 2010 Chevrolet Equinox purchased by plaintiffs. The complaint asserts cause...

Excerpt: ... and Willis Ward (the “Wards”) allege that in November and December 2015, Ahryah was subjected to inappropriate and abusive sexual contact by two fellow female students enrolled in the afterschool program at St. Hope Public School #7. On 9/11/2018, the Court granted Defendants' motion for summary judgment. Specifically, the Court found that it was undisputed that Ahryah admitted to a social worker with Child Protective Services that she was n...

Excerpt: ...ant Wells Fargo Bank, N.A.'s (“Defendant”) demurrer to Plaintiff Maureen Singh's (“Plaintiff”) complaint is ruled upon as follows. The Court did not consider Plaintiff's request for judicial notice in ruling on the demurrer. Overview This is a non‐judicial foreclosure action. Plaintiff alleges that in June 2016, she took out a Federal Housing Administration Loan (“FHA Loan”) in the amount of $242,526, which was secured by a Deed...

Excerpt: ... which substantiates her claims that (1) no payment on the TPP was due in February 2018 and (2) she made all the payments required under the TPP, while defendant Wells Fargo Bank (“Bank”) was directed to submit documentary evidence which substantiates its claims that (1) plaintiff's February payment was returned for insufficient funds and (2) plaintiff herself requested to cancel the TPP payment due on March 1st. The court received Bank's sub...

Excerpt: ...mericans were constructively discharged and replaced with Hispanics, mostly employees from Mexico. The Court notes that Plaintiff's separate statement does not comply with CRC Rule 3.1345(c). The motion also fails to specifically identify the interrogatories at issue as required by CRC Rule 3.1345(d). However, given that only 2 interrogatories are at issue, the Court will rule on the merits of the motion. At issue are for the following specia...

Excerpt: ...otice. Here, Foster served and filed his joinder by mail on October 5, 2018. CCP §473c(a) requires 80 calendar days' notice for a motion for summary judgment served via mail. Thus, only 46 calendar days' notice was provided for Foster's joinder. This is a medical malpractice action. On 5/16/2014, Plaintiff fell at work. She presented to Cohen with complaints of severe left shoulder pain, complaints of left hand/upper arm/elbow pain, complaints o...

Excerpt: ...collectively “Defendants) is SUSTAINED with and without leave to amend. Defendants' request for judicial notice of court documents and recorded land documents is DENIED because the documents are not relevant to the court's ruling. Overview This is a nonjudicial foreclosure case. The plaintiff is Yelena Markevich (Markevich). Markevich alleges that she is the debtor on the promissory note, that she is in possession of the property, and that ...

Excerpt: ...) is OVERRULED. Defendants' request for judicial notice of two written contracts referenced in the complaint is GRANTED, but only as to the contracts' existence and terms, not the terms' meanings. Although a court may take judicial notice of documents cited in a pleading, Defendants tender the contracts in part so that the court will construe them in the course of ruling on the demurrer. It is inappropriate for a court to take judicial notice for...

Excerpt: ...l defendant California Department of Corrections and Rehabilitation's (“CDCR”) further responses to Requests for Production, Set Two (“RFP”), is GRANTED IN PART, as follows. Plaintiff's notice of motion again 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 counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure a...

Excerpt: ... 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, communications from APS…, etc.) related to a home rental located at 3420 San Jose Way, Sacramento, CA 95817, during plaintiff[] Evelyn Gurion['s]…residency period (mid 2014).” Moving Papers. Plain...

Excerpt: ...st (collectively “Plaintiffs”). In their complaint filed on 8/08/17, Plaintiffs allege that Elliott and others are responsible for ongoing water damage to their property. The complaint contains causes of action for negligence, “Diversion of Surface and Related Waters,” “Diversion of Waters from Natural Watercourse,” trespass, nuisance and declaratory relief. In its answer, Elliott raised statutes of limitations as a defense, including...

Excerpt: ...arranty Act and the Magnuson‐Moss Warranty Act. The defendant is FCA US, LLC (LCA). Trial is set to commence on 1/29/19. On 8/03/18, the court entered an order directing FCA to produce one or more persons most qualified (PMQ) for deposition on certain topics, as well as to produce documents responsive to requests in the PMQ deposition notice, no later than 8/31/18. (See Oliva Decl., Exh. 4.) The order also directed counsel to meet and confer in...

Excerpt: ...nt General Motors, LLC's demurrer to Plaintiffs James and Christine McMenimen's complaint is ruled upon as follows. Overview This is a lemon law action. Plaintiffs allege that on December 28, 2009, they purchased a 2010 Chevrolet Traverse. Plaintiffs allege that in connection with the purchase, the received an express written warranty, including, “the 3‐year/ 36,000 mile basic bumper‐to‐bumper warranty, a 5‐ year/100,000 mile powertrain...

Excerpt: ...nses. DGS opposes on several grounds, including that the motion is actually one for further responses and, therefore, is untimely given the 45‐day rule in CCP § 2031.310. That section provides, in relevant part: (a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (...

Excerpt: .../2018 the court partially granted plaintiff MyEcheck, Inc.'s (“MEC”) motion for protective order in connection with defendant Maciora's Requests for Production, Set Four (“RFP”). These RFP sought the production of the “valid and effective” copy of the “UBA contract,” “Tangiers Capital contract,” and “Chicago Ventures contract.” The contracts with these three entities are specifically alleged to be the basis for MEC's cause...

Excerpt: ... court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact plaintiff in pro per 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 counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appea...

Excerpt: ... court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact plaintiff in pro per 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 counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appea...

Excerpt: ... in the alternative, summary adjudication of issues is GRANTED in part and DENIED in part. Regents' request for judicial notice of court documents is GRANTED. Overview This case presents an employment dispute. The plaintiff and former employee is Mona G. Flores, M.D. (“Dr. Flores” or “Plaintiff”). Regents is the defending former employer. In the operative first amended complaint (FAC), Dr. Flores alleges: “7. On or around October 1, 201...

Excerpt: ... a $139,500 secured loan made by New Century Mortgage Corporation to plaintiff Roddie McElhaney (“Plaintiff”) on May 23, 2003. The Deed of Trust was assigned to defendant U.S. Bank on June 10, 2013. On November 1, 2011, defendant Ocwen began servicing the loan. Between late 2011 and 2013, Plaintiff failed to make timely mortgage payments on multiple occasions, and refused to pay certain fees imposed in connection with her failure to obtain ha...

Excerpt: ...tion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Plaintiff failed to comply with CRC Rule 3.1110(b)(3)‐(4). The court notes that plaintiff paid only one $60 filing fee in connection with these motions, although it seeks at least two (2) different orders (i.e., reconsideration/clarification and a stay of enforcement). A separate filing fee is required for each. (Gov. Code §70617(f).) No later than 11/16/2018, plai...

Excerpt: ... consider the Moua Declaration filed in opposition to this demurer since such extrinsic evidence is beyond the permissible scope of a demurrer, where the court's consideration is limited to those facts alleged in the challenged pleading and those for which judicial notice is both requested and granted. Factual Background This action arises out of a commercial construction site injury whereby a worker fell through the roof and died. Plaintiffs are...

Excerpt: ... is GRANTED. The discovery and motion cut‐offs are RESET based on the existing trial date of 3/4/2019. Crisan commenced this employment action in April 2014. (Because the matter was transferred to this county from Butte County Superior Court, the Sacramento County Superior Court case no. indicates 2015 instead of 2014.) Crisan filed the first amended complaint (FAC) in July 2014. The causes of action in the FAC were disability discrimination un...

Excerpt: ... Larry Stauffer's diagnosis of and resulting death from lung cancer following over 40 years of employment with Defendant. Defendants' motion for summary judgment and alternative motion for summary adjudication are DENIED as follows. Request for Judicial Notice Defendant's request for judicial notice is unopposed and granted. Factual Background Decedent Larry Stauffer (“Stauffer”) worked as a conductor/brakeman for Defendant for over 40 years ...

Excerpt: ...�) is SUSTAINED in part and OVERRULED in part. Overview This case presents a hybrid business dispute and attorney‐client dispute. Plaintiff Eric White's (White) first amended complaint (FAC) contains allegations that Burton misused his position as legal advisor to engage in self‐dealing. White alleges that the other Attorney Defendants abetted the scheme. Although the allegations describe a somewhat intricate series of transactions involving ...

Excerpt: ...4/18 plaintiff Taylor filed a memorandum of costs claiming attorney fees in the amount of $6,164 and costs of $137 pursuant to Labor Code §98.2(k), providing that a judgment creditor in an action on a complaint with the Labor Commissioner is entitled to court costs and reasonable attorney's fees for enforcing a judgment rendered pursuant to this section. WSH thereafter filed a motion to tax the fees and costs, which was ultimately granted on 7/3...

Excerpt: ...l Rule 1.06(d) nor provides adequate notice of the tentative ruling system.) Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The notice of motion also does not comply with C...

Excerpt: ...Courtney Lee Shinn's demurrer to Plaintiff Edith Montanez's first amended complaint (“FAC”) is ruled upon as follows. Defendant's request for judicial notice is granted with the exception of Exhibits O and P (Google search results for the terms “cleanouts” and “cleanout inspection.”) 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. Deu...

Excerpt: ...ion. Thus, Weaver is now the only opposing party. Weaver's request for judicial notice of court documents is GRANTED. Overview This is Airco's second motion for good faith settlement. In its ruling on Airco's first motion, the Court rejected most of EFEE's and Weaver's arguments in opposition to the motion. The Court, however agreed with EFEE and Weaver that Airco's failure to assign values to its obligation to cooperate with, and ass...

Excerpt: ...ral requirements for the filing of motions, including proper notice. Here, Plaintiff served and filed her joinder by mail on October 19, 2018, this provided only 12 court days notice. Additionally, the joinder was not served on Kaiser. The Court disagrees with Defendant that Kaiser's response was not timely served. Kaiser's proof of service shows that its response was served via email and mail on Thursday, October 24, 2018. Defendant'...

Excerpt: ... GRANTED in part and DENIED in part. Judicial Notice Broker's request for judicial notice of the FAC is GRANTED. Broker's further request for judicial notice of three written agreements is DENIED. Plaintiffs Jose Martinez (Martinez), Alejandro Marquez (Marquez) and Jesus Amezcua (Amezcua) (collectively “Plaintiffs”) attached several documents to the original complaint and characterized those documents as agreements supporting their allega...

Excerpt: ...and SUSTAINED in part with leave to amend. The Parker Declaration and the attached copy of a minute order entered in another department of this court are STRICKEN. The court may not consider evidence on demurrer. Judicial Notice Broker's request for judicial notice of the FAC is GRANTED. Broker's further request for judicial notice of three written agreements is DENIED. Plaintiffs Jose Martinez (Martinez), Alejandro Marquez (Marquez) and Jesu...

Excerpt: ...urder trial. (See Bourdon Decl., ¶ 2‐4.) On or about 11/01/13, Bourdon learned that while plaintiff herein Frank Dearwester (Dearwester) was incarcerated on unrelated charges, Dearwester heard a third party confess to the crimes of which Ortez was accused. (Id., ¶ 5.) Bourdon's investigator interviewed Dearwester on 11/15/13. (Compl., ¶ 12.) On the investigator's request, Dearwester mailed documents related to the Ortez matter to the investi...

Excerpt: ...has been one for motor vehicle negligence. Among the defendants are One Call Medical, Inc. (NJ) dba One Call Care Management, and Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively “One Call”) (sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc.). Shacklefoot alleges that “One Call provides services to the workers' compensation insurance industry [… including…] transp...

Excerpt: ... which of the objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐ existence of a triable issue of material fact. *** Defendants The Permanente Medical Group, Inc. (“TPMG”) and Sue Matchell's motion for summary adjudication on each of plaintiff's eight causes of action is GRANTED IN PART and DENIED IN PART, as follows. ...

Excerpt: ...mes 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 against them. They have produced two written ...

Excerpt: ...nduct which is claimed to constitute harassment, discrimination, retaliation, intentional infliction of emotional distress (“IIED”) and/or a refusal to accommodate plaintiff's need to pump during work hours breast milk for her child. Among other things, defendant Matchell is claimed to have disclosed to a co‐worker that plaintiff was pregnant; made derogatory comments about plaintiff's hair, makeup, tattoos, piercings, weight fluctuations, ...

Excerpt: ...tion is any written or oral statement or other conduct in furtherance of the exercise of defendants' the constitutional right of petition or the constitutional right of free speech which is protected under Code of Civil Procedure §425.16. Defendants' request for leave to file (after the 60‐day deadline in §425.16(f)) an additional special anti‐SLAPP motion to strike the first three causes of action alleged in the 2AC is DENIED for the same ...

Excerpt: ...irected to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The court did not consider the declarations filed in opposition to this demurer since such extrinsic evidence is beyond the permissible scope of...

Excerpt: ... Duke (“Duke”). OSP owns commercial real property on J. Street. OSP is manager‐managed. Duke was the initial manager of OSP. Duke owns 12.5% of OSP, while Plaintiffs own the remaining 87.5%. Plaintiffs allege that in May 2018, they discovered that Duke misappropriated almost $40,000 in unauthorized “leasing commissions” and “construction management fees.” In June 2018, Plaintiffs executed an Action by Written Consent (“Written Con...

Excerpt: ...sel on 7/26/18 that Dhanraj was not available, and counsel agreed to reschedule the deposition for 8/30/18. (Id., ¶¶ 3‐4, Exhs. B, C.) S360 served a second deposition notice, but on 8/28/18, Dhanraj's counsel again advised that Dhanraj would not appear. (Id., ¶¶ 4‐5, Exhs. C, F.) For the second time, counsel agreed on a date to depose Dhanraj, this time on 9/26/18. (Id., ¶¶ 5‐6, Exhs. F, G.) On 8/29/18, counsel for S360 served an amen...

Excerpt: ... makes in its concurrent demurrer to the fourth cause of action. The court incorporates its concurrent ruling rejecting SKR Group's arguments and continues to reject them here. The Individual Managers make one additional argument in support of their demurrer. They argue that Plaintiff James Saunders only alleges them to be SKR Group's on‐site managers acting within the course and scope of their employment. Citing authority for the propo...