Excerpt: ...A's motions are GRANTED as follows. Background For many years, Plaintiff Jimboy's Marketing, Inc. (“JMI”) acted as an area franchisor for Jimboy's Tacos restaurants under a Master Franchise Agreement with non‐party Jimboy's Tacos, Inc. JNA is the successor to Jimboy's Tacos, Inc. In 2012, JMI and JNA entered into a Transition Agreement, in which JMI assigned to JNA 38 franchised restaurants and other assets collectively valued at approximat...

Excerpt: ...n Montgomery (Ann) (collectively “Plaintiffs”.) Plaintiffs allege that Mark received the Device in 2008 as a surgical implant and suffered pain, decreased mobility and emotional distress as a result. He eventually required revision surgery to remove and replace the Device. According to Plaintiffs, the Device was defective and was likely to fail after implantation. They also allege that this information was concealed from surgeons and patients...

Excerpt: ...ant has filed separate motions to compel regarding the responses provided by both Plaintiffs. It appears that the discovery propounded to both Plaintiff Khaira and Plaintiff Avala were exactly the same, as were each Plaintiff's responses. Moving Defendant Hill Physicians Medical Group has placed the same responses provided by each Plaintiff at issue in both motions. Indeed, Plaintiffs have filed a “consolidated” opposition to the motions, not...

Excerpt: ...NIED, as follows. Factual Background This action arises from a property line dispute apparently originating from the original property developer's mistaken placement of a fence 20 feet south of the actual boundary line between the subject parcels. According to plaintiff, when this discrepancy was discovered, plaintiff and the adjacent owner Marjorie Williams (“Marjorie”) reached an agreement relative to both the actual ownership and Marjorie'...

Excerpt: ...t‐and‐confer efforts before filing a demurrer. The court will expect no less in the future. Factual Background Plaintiffs allege that in October 2016, contractors hired by City trespassed onto plaintiffs' property in Sacramento and wrongfully and unnecessarily denuded a number of plaintiffs' trees without notice or consent. It is further asserted that the cutting of these trees violated recognized, proper pruning practices and policies found ...

Excerpt: ... of their mother, along with other related relief. The action was settled in November 2016 by a written agreement signed by each of three siblings and was thereafter dismissed in December 2016. On 4/18/2018, the Court heard moving parties' motion to set aside dismissal and enforce settlement agreement and enter judgment against Romeo. (ROA 24.) The moving parties sought to set aside the December 2016 dismissal and to enforce the written settl...

Excerpt: ...inson did not appeal the assessment of overpayments, and EDD obtained its judgment by way of a Certificate for Summary Judgment pursuant to Unemployment Insurance Code § 1379. EDD recently renewed the judgment. As it turns out, Robinson was incarcerated between 2007 and 2018 and contends he never received actual notice of the judgment or underlying proceedings. The court rejects his argument that the renewed judgment should be vacated due to lac...

Excerpt: ...ts GRANTED. This case arises out of a business dispute relating to commercially developed real property located at 2917‐2999 Fulton Avenue in Sacramento, California, and commonly referred to as Town and Country West (the “Fulton Property”). The Fulton Property was owned by Town and Country West G.P. (“Town & Country, G.P.”), a general partnership, for which Defendant/Cross‐Plaintiff Mehtani was the Managing Partner. Plaintiff/Cross‐...

Excerpt: ...d SUSTAINED in part with leave to amend. GM LLC is advised that, contrary to the caption on the notice of motion, this case is not assigned for all purposes to Judge Abbott. Department 54 is assigned to hear law and motion matters and is located at 813 6th Street, not 720 9th Street. Overview This is a lemon law case under the Song‐Beverly Consumer Warranty Act. The plaintiffs are Scott M. Groth and Lori J. Groth (collectively “the Groths”)...

Excerpt: ...ficial records is GRANTED. Procedural Background This civil action follows the Labor Commissioner's Order, Decision and Award in favor of employee Cheryl Harrington (Harrington). On 4/11/16, the Commissioner awarded Harrington approximately $50,000 from her former employer, Defendant and CoJudgment Debtor 2600 Bravado Dr. LLC, (“the LLC”) in unpaid minimum wages, penalties and other amounts. (The LLC had employed Harrington as a property mana...

Excerpt: ...s not timely filed but it was reluctantly considered. As explained below, it does little to address the substantive merits of this motion. The court notes that HV‐HD's electronic service of the moving papers on 10/1/2018 for a hearing on 10/25/2018 does not give 16 court days plus 2 court days' notice as required by Code of Civil Procedure §1005(b) and §1010.6(a)(4)(B), since 10/9/2018 (Columbus Day) was a court holiday. (Code Civ. Proc. §12...

Excerpt: ... that he was a member of Defendant's medical staff. Plaintiff alleges that he was discriminated and retaliated against, and harassed due to his presenting complaint regarding patient care, services, and/or hospital conditions. He further alleges that he was harassed based on his sex and that certain defamatory statements were made concerning his profession, trade, business, and qualifications. The Medical Staff of Methodist Hospital's Medical Exe...

Excerpt: ...3) and Rule 3.1110(b)(3). The response filed by defendant was not timely filed in accordance with Code of Civil Procedure §1290.6 but was nevertheless considered. As Code of Civil Procedure §1290et seq. does not permit the filing of a “Response to Opposition” (e.g., a reply) such as the one filed by plaintiff, it was not considered. Factual Background This is a contract action relating to the parties' operating agreement for a jointly‐own...

Excerpt: ...s published, Plaintiff has filed a First Amended Complaint, which purports to address the Court's ruling on the demurrer to the original Complaint. The Court's ruling regarding the demurrer to the original Complaint remains as follows: Defendant Logos Property Investment S, LLC's (erroneously sued as Logos Property Investments and/or Ridgestone Apartments) demurrer to pro per Plaintiff Kent Taylor's complaint is ruled upon as follows. Thi...

Excerpt: ...ividual Defendant Sue Mathchell, because Plaintiff was a breastfeeding woman and because she complained to her union regarding these same issues. She also alleges claims for negligent and intentional infliction of emotional distress based upon these same issues. Plaintiff's evidence in support of this motion consists of her own sworn declaration and a brief excerpt of deposition testimony of TPMG employee Shawn Miller. Defendant filed a motion fo...

Excerpt: ...icial notice of Exhibits 1, 4 and 5 is GRANTED. The balance of the request for judicial notice is DENIED. The court will not take judicial notice of the price lists in Exhibits 2 and 3 because Plaintiff Rosalinda Delacruz (Delacruz) alleges she never received such lists. (FAC, ¶ 32.) Exhibit 6 is irrelevant. Overview This is a putative class action. Delacruz is the only named plaintiff. According to Delacruz, Defendants misled her into funding a...

Excerpt: ...d advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Walgreens' counsel is unable to contact opposing counsel prior to the hearing, Walgreens' counsel shall be available at the hearing, in person or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Request for Judicial Notice Walgreens' request for judicial notice is granted as to Exhibits 2‐ 5, an...

Excerpt: ...ith either the summons & complaint or the moving papers, thereby depriving the court of jurisdiction to grant plaintiff any relief as to them. As to BLS only, this matter was continued to permit plaintiff to file and serve a supplemental reply in light of BLS' tardy filing of its request for judicial notice in support of its opposition. Having received plaintiff's supplemental reply, the court now issues the following tentative ruling. *** If ora...

Excerpt: ...m Saleem (together, “Plaintiffs”) filed their Complaint on April 27, 2018, alleging that the four‐vehicle collision and their resulting injuries were caused by Mr. McKinley's unsafe lane change. They further named Mr. McKinley's employer, AT&T Corp., as a defendant. On June 18, 2018, Defendants answered the Complaint. On August 9, 2018, Defendants filed a Notice of Change in Handling Attorney, notifying the Court and parties that a differen...

Excerpt: ...arly has Plaintiff and other non‐ exempt employees at its fulfillment centers work over 10 hours, without providing or compensating for a second meal break or third rest break, as required by California law. Plaintiff further alleges that Defendant failed to pay all wages owed in each pay period, and that in violation of Labor Code § 226(a), Defendant issued false and inaccurate wage statements which fail to account for all Plaintiff and other...

Excerpt: ...or in interest to Evelyn Gurion (Decedent) (together, “Plaintiffs”) filed this action on September 9, 2015. Moving Defendants assert that they have been properly served with the Summons and Complaint since the case's inception. However, they state that Plaintiffs have never properly served the Individual Defendants and there is no stipulation to extend time for service. (Patterson Decl. ¶¶3‐4.) As it has now been three years since the cas...

Excerpt: ...overt Gurion, as individual and successors in interest to Decedent's (together, “Plaintiffs”) request for judicial notice of Exhibits A, B, and C is granted. (See, Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal. App. 4th 26, 32.) Plaintiffs' request for judicial notice of Exhibit D, the California State Auditor's report on Skilled Nursing Facilities, is denied. This is an elder abuse action arising from the c...

Excerpt: ... follows the Labor Commissioner's Order, Decision and Award in favor of employee Cheryl Harrington (Harrington). On 4/11/16, the Commissioner awarded Harrington approximately $50,000 from her former employer, Defendant and CoJudgment Debtor 2600 Bravado Dr. LLC, (“the LLC”) in unpaid minimum wages, penalties and other amounts. (The LLC had employed Harrington as a property manager.) Pursuant to Labor Code § 98.2(e), this administrative award...

Excerpt: ...lings. This is a construction defect case. The plaintiffs are multiple homeowners (Plaintiffs). Plaintiffs filed this action in May 2017. A special master was appointed, and considerable discovery has been completed. On 7/11/18, Plaintiffs filed Doe Amendment No. 1, thereby naming eight subcontractors as defendants. No trial date has been set. In addition, the special master has stepped down and a motion to appoint a substitute is pending. Morris...

Excerpt: ...ientation and national origin. Echevarria is the former employee, and RCRC is the former employer. RCRC is defending in part on the theory that it terminated Echevarria for legitimate, non‐discriminatory reasons related to Echevarria's job performance. To obtain emails and other documents relevant to this theory of defense, Echevarria propounded his second set of document requests. RCRC did not timely respond, and on 6/26/18, this court granted...

Excerpt: ... alleges that Macy's 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. Instead, 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. He alleges that other shoppers were similarly misled. With respect to his resulti...

Excerpt: ...sed 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 State Farm General Insurance Company (“SF General”), State Farm Mutual Automobile Insurance Company (“SF Mutual Auto”), State Farm Fire and Casualty Company (“SF Fire”), Teresa L. Moon (“Moon”), Estate of Paula Foster (“Foster Est...

Excerpt: ...d motion matters. *** Defendants Samuel Merritt University (“SMU”), Sutter Bay Hospital (“SBH”), Sutter Health (“Sutter”) and Isaac Bristow's (“Bristow”) (collectively “Defendants”) demurrer to the Second Amended Complaint (“2AC”) is SUSTAINED IN PART and OVERRULED IN PART, with leave to amend except as to the 14th cause of action against Bristow. The notice of demurrer does not provide notice of the court's tentative ruli...

Excerpt: ...ocedural Background Plaintiffs filed this breach‐of‐guaranty case in 2010. Defendants are the guarantors. The parties entered into a written settlement agreement (Settlement) in March 2012. Under the Settlement, each Defendant is required to pay a maximum of $1,000,000 over a period not to exceed 10 years from the time his first payment is made (subject to an exception not relevant here). (See Derickson Decl., Exh. A, ¶ 4(f).) Each Defendant...

Excerpt: ...he 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. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4) Factual Background This is a legal malpractice action. Plaintiff alleges she retained defendant attorneys to file and prosecute an action against her employer but despite filing the action in 2015, it ...

Excerpt: ...em (collectively “Plaintiffs”). APM was the landlord's property manager. CoDefendant Ding Zhang (Zhang) was the landlord. In the operative fourth amended complaint (4AC), Plaintiffs allege that they occupied the premises with a Section 8 HUD voucher. They allege a toxic mold infestation as well as other violations of housing laws, and they further allege that there were no timely attempts to repair despite their initial complaints. When repai...

Excerpt: ...ively sometimes “the Individual Defendants”) to serve further responses to the first sets of requests for admissions and form interrogatories is GRANTED in part and DENIED in part. The Individual Defendants' request for judicial notice of court documents is GRANTED. Procedural Background In the complaint, Dinelli alleges that he, Timms and Baccala each own shares in CoDefendant California Academy of Baseball, Inc. (CAB). Dinelli further alleg...

Excerpt: ...rm Mutual Automobile Insurance Company (State Farm Mutual), State Farm Fire and Casualty Company (State Farm Fire), Teresa L. Moon (Moon), Estate of Paula Foster (Estate), and Teresa L. Moon as Executor of the Paula C. Foster Revocable Trust (Moon as Executor) (collectively “Defendants”) to dismiss the action for failure to prosecute is GRANTED in part and DENIED in part. The parties' requests for judicial notice of court documents are GRANTE...

Excerpt: ...y set for hearing on 9/17/2018 but was continued to this date to permit the parties to meet‐and‐confer “in person or by telephone,” as required by Code of Civil Procedure §430.41. The court notes that the 9/27/2018 meet‐and‐confer declaration from the demurring parties' counsel was not timely filed by the 9/26/2018 deadline but it was nevertheless reluctantly considered. This 9/27/2018 declaration avers that the parties have been abl...

Excerpt: ...efendant Cornerstone Title Company's (“CTC”) demurrer to the First Amended Complaint (“1AC”) is SUSTAINED IN PART and OVERRULED IN PART, with and without leave to amend, as follows. Factual Background This action arises out of a 2015 real estate transaction whereby Ms. Schmauderer contracted with Bebermeyer Asset Management Inc. (“BAM”) to sell her home to BAM for $500,000, with escrow being established at CTC and BAM making an initia...

Excerpt: ... found defendant ex‐husband to be in contempt for failing to make payments to plaintiff ex‐wife for child support, alimony and medical expenses and to provide life insurance despite the ability to do so, with the total arrearages being $108,300. The Florida Court also determined that defendant's 50% share of the proceeds from the marital home was $26,115.58 short of the amount due plaintiff, although the order is silent as to the reason(s) fo...

Excerpt: ...pertinent part, the 2AC asserts in Paragraphs 33, 48 and 55 that defendant County refused to provide any reasonable accommodation of reassignment or transfer to another position for which plaintiff was qualified unless she agreed to participate in the “Accommodations Transfer List” (“ATL”) system and further that, “The ATL system is unlawful as it ends in the forced resignation of the participant if another job is not found within a yea...

Excerpt: ...Detres"), separated, Detres executed a quit claim deed transferring all rights and interest in the property. The judgment of divorce was entered in March 2013, giving the property to Plaintiff. However, in November 2015, Detres and other individual defendants, coerced Plaintiff into signing a stipulation to sell the property. In July 2017, Detres obtained an order from family court directing the sale of the property. The individual buyer defe...

Excerpt: ...atters. *** Defendant East Eagle, LLC's ("East Eagle") demurrer to Plaintiffs Ezatullah Gulam (“Eza”) and Zinatulla Gelaman's (“Zin”)(collectively “Plaintiffs”) Third Amended Complaint (“TAC”) is ruled upon as follows. Overview This case arises from a joint investment in a grocery store and restaurant. Plaintiffs allege that in early 2015 they were approached by co‐defendant Mohamad Aalemkhiel's (“Mohamad”) to pa...

Excerpt: ...udicial 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; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) 1. Overview In this action, Plaintiff Mountain F. Enterprises, Inc. (“Plaintiff”) alleges that AUI provided it with a proposal for workers' compensation coverage through the E...

Excerpt: ... physical and psychological injuries. On August 7, 2018, the Court granted Defendant's Motion to Compel a psychiatric examination of Plaintiff. Defendant's Notice of Motion stated that Defendant was moving under section 2032.010(a) “to have the Plaintiff evaluated by psychiatrist Dr. John Greene.” (Kilduff Decl. Ex. 4) Citing to CCP § 2032.310(b), the Notice further identified the following specific conditions for the examination: • Date/T...

Excerpt: ...Owen, Special Administrator of the Estate of Mark Whisler, is OVERRULED. The court refers to Robert Winger, now deceased, as well as the personal representative of his estate, as “Robert.” Likewise, the court refers to deceased Plaintiff and Cross‐Defendant Mark Whisler dba Whisler Land Company, as well as the Special Administrator of Mr. Whisler's Estate, as “Whisler.” The parties' requests for judicial notice of court documents an...