Excerpt: ...ion arising out of Hawkins' employment as a teacher with Defendant. Hawkins is AfricanAmerican and alleges causes of action against Defendant for discrimination, harassment, and retaliation in violation of the FEHA. Plaintiff alleges the following in the Second Amended Complaint (“SAC”). On March 3, 2017, Vice Principal Kim Christierson asked Hawkins why she was requesting to cancel a meeting that Hawkins had scheduled with a classroom aide. ...

Excerpt: ...poration of America (“Van Son”) to their Special Interrogatories, set two ("SIs"), is granted as follows. Background The Court incorporates by reference herein the background from its concurrent ruling on Plaintiffs' Motion to Compel Further Responses to its Requests for Production of Documents, set two (“RFPs”). In addition to the RFPs, Plaintiffs propounded SIs to Van Son on September 17, 2020, related to Mr. Bendowski's testimony in th...

Excerpt: ...intiff”) within 48 hours of receiving it. The hearing date shall automatically be continued to January 20, 2021, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to 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 to part...

Excerpt: ...D WITHOUT LEAVE TO AMEND. Request for Judicial Notice Defendant's Request for Judicial Notice ("RJN", ROA #38) is granted. The request pertains to the insurance policy referenced in the operative complaint (FAC ¶¶ 8, 33), allegedly forming the basis of the relationship between Plaintiff and Defendant. (Evid. Code § 452(h); Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285, n.3 (taking judicial notice of documents referenced in the complaint bu...

Excerpt: ...s to Compel Further Responses to Request for Production of Documents, Set One, from Plaintiffs Jeff Harris and Teresa Harris are ruled upon as follows. This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael, a skilled nursing facility, from June 20, 2018 to June 28, 2018. Plaintiffs allege that while at Mission Carmichael, Ms. Harris developed a fecal impaction resulting in acute renal fa...

Excerpt: ...ient date and call the clerk in Department 54 by no later than 4:00 p.m. on Monday, January 11, 2021 to notify the clerk of the new date. (See Local Rule 1.06.) ** Defendant Scott Pierce's (“Pierce”) “motion to enforce order" is ruled upon as follows. This is an action for breach of guarantee. On 1/13/2020, the court granted Plaintiff Associate Materials, LLC's (“AML”) application for writ of attachment against Pierce (“Application”...

Excerpt: ...artment 54 by no later than 4:00 p.m. on Monday, January 11, 2021 to notify the clerk of the new date. (See Local Rule 1.06.) ** Defendant San Juan Aviation's motion for sanctions pursuant to CCP section 128.7 is unopposed but is DENIED. Defendant moves for sanctions pursuant to CCP §128.7 on the grounds that “the allegations and other factual contentions in the complaint lack evidentiary support and the complaint is presented for an improper ...

Excerpt: ... which Plaintiff alleges that Defendant Oscar Vasquez (“Vasquez”), a driver for Aguilar's rental‐car relocation company, rearended Plaintiff Zaka Vera (“Plaintiff”) while both were traveling on Interstate 80. The vehicle driven by Vasquez, Plaintiff's vehicle, and a third vehicle driven by Defendant Joseph Inch (“Inch”), were all involved in the accident. As a result of the accident, Plaintiff alleges various claims against Defendan...

Excerpt: ...espond fully to the arguments raised therein, and the Court in its discretion will allow the filing. This is a lemon law action that settled at trial. The subject vehicle was originally purchased for $18,184.91. (Exh. 1 to Zhang Decl.) Plaintiffs now move for an award of attorney's fees in the amount of $218,352.80, which includes and expenses in the amount of $19,670.52. (P&As at 1.) On October 30, 2019, Defendant made a Section 998 offer under ...

Excerpt: ...se them 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 partied prior to hearing, moving counsel is ordered to appear at the hearing. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This lawsuit follows an earlier one initiated in 2017 by the Petrashishins, whose complaint alleg...

Excerpt: ... 1.06 and the Court's tentative ruling procedure. If Bellingham's counsel is unable to contact opposing parties' counsel prior to the hearing, Bellingham's counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing parties' counsel appear without following the procedures set forth in Local Rule 1.06(B). Bellingham's motion for a determination of good fai...

Excerpt: ...of misjoinder is OVERRULED as follows. Overview This is a products liability, negligence, fraud, medical malpractice, and battery action, in which Plaintiffs allege they sustained serious permanent disabling injuries, including brain damage and neurocognitive injuries, as a result of undergoing multiple rounds of electroconvulsive therapy (“ECT”) by Doctors Goodman and/or Blanco at Sutter Center for Psychiatry (“Sutter”). Plaintiffs alleg...

Excerpt: ...surance Company's (“Allstate”) handling of a homeowner's insurance policy claim. Plaintiffs allege their home sustained fire damage in September 2019, and they subsequently filed a claim with their homeowner's insurance carrier, Allstate. (Compl. ¶¶ 11, 12.) Allstate contracted with Rimkus to inspect the damage and provide an evaluation to Allstate for its use in responding to Plaintiffs' claim. (Compl. ¶ 24.) Rimkus' employee, Schenone, i...

Excerpt: ...e the tentative ruling to Plaintiff Christopher Lipsey within 48 hours of receiving it. The hearing date is continued to January 20, 2021, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall make Mr. Lipsey available by CourtCall or by Zoom audio (if available) to participate in oral argument at 9:00 a.m. on the conti...

Excerpt: ...y, Fair Oaks, CA 95628 (the “Property”). Plaintiff alleges NKS Real Estate Holdings Inc. (“NKS”) is the owner of the Property, and Nabil Samaan is President of NKS. Plaintiff filed its Complaint on October 28, 2020, alleging that Defendants have started and continue to allow the construction of the ADU with full knowledge that there was not a building permit issued for said construction. (Compl. ¶ 8.) Plaintiff brought this action “for...

Excerpt: ...nt 54; the correct address is 813 6th Street, Sacramento, California 95814. Defendants' counsel is directed to contact Plaintiff's counsel forthwith to advise counsel of Local Rule 1.06, the Court's tentative ruling procedure, and Department 54's correct address. If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introdu...

Excerpt: ...dant. The parties were in a romantic relationship from June 2017 until January 2019. (Def.'s Decl. ¶ 2.) During their relationship, Defendant declares that she experienced incidents of physical violence. (Id. at ¶ 3.) Defendant avers that after an altercation between the parties and their daughter on January 1, 2019, Defendant called the Galt Police Department, who granted her an emergency protective order. (Id. at ¶ 12.) On January 7, 2019, D...

Excerpt: ...cond amended complaint (“SAC”) is ruled upon as follows. Defendants' and Plaintiff's requests for judicial notice are granted. I. Overview This is an attorney malpractice action. Plaintiff alleges that Defendants represented her in the underlying personal injury action (“Underlying Action”) against the City of Sacramento (“City”). The SAC asserts causes of action for breach of contract, breach of fiduciary duty, and legal malpractice....

Excerpt: ...ted jurisdictional discovery as described below herein. This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael HealthCare Center ("Mission Carmichael"), a skilled nursing facility, from June 20, 2018 to June 28, 2018. Plaintiffs allege that while at Mission Carmichael, Ms. Harris developed a fecal impaction resulting in acute renal failure and metabolic acidosis which ultimately caused or...

Excerpt: ...overruled. However, the Court notes overruling the objections, it does not accept the truth of any conclusions made by Plaintiff and accepts only those facts supported by the evidence provided. Defendant's objection no. 38 to the screenshot of a job description for the Director of Cancer Services obtained through a Google search, attached as Exhibit E of the Declaration of Watts is sustained. Plaintiff's request for judicial notice of Exhibit E i...

Excerpt: ... GRANTED. 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 Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Objections to Evidence No evidentiary objections were raised. Backgro...

Excerpt: ...el Vocational Institute “DVl”) from September 6, 2006, to February 19, 2020. He and fellow employee Vladimir Louis had filed a prior lawsuit against CDCR on or about April 3, 2017. Further, Plaintiff alleges he made a report on or about November 28, 2018, to the Office of the Inspector General and to Cal‐OSHA regarding the "very low/freezing temperature" at the DVl Out Patient Housing Unit, "Nursing Staff Office, RC Clinic and Specialty Cli...

Excerpt: ...address for Dept. 53/54. Moving counsel is directed to contact Defendants (or their counsel, if they are represented) forthwith and advise 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 Defendants prior to hearing, moving counsel is ordered to appear at the hearing. A proof of service filed on 11/16/20 (Register of Actions (“ROA”) 12) indicates that Vir...

Excerpt: ...g to enforce the provisions of a retainer agreement executed by the Hill Defendants in connection with the latter's legal malpractice action against another law firm which resulted in a substantial settlement after Freidberg was disqualified. Although Freidberg filed a Notice of Lien in the malpractice action, it is alleged that this lien was not honored by the Hill Defendants, their subsequent attorneys and others. Pursuant to the provisions of ...

Excerpt: ...sonal injury action arising out of a motor vehicle accident occurring on 7/2/2019. Plaintiff alleges that defendant Bradley, while in the course and scope of his employment with DWT, was driving a “commercial truck” and collided with plaintiff's vehicle. The complaint purports to assert separate causes of action for general negligence, motor vehicle negligence, negligence per se, and negligent hiring/training/supervision (although the latter ...