Excerpt: ...ime of the collision, Plaintiff was riding as a passenger in a Lyft vehicle, which was hit by a 2015 Ford CMAX driven by Defendant. Defendant ran a red light and fled the scene of the collision on foot, but was apprehended by police. Investigating officers gave Defendant a sobriety test and ultimately arrested him. Defendant was charged with a DUI and hit‐and‐run. Plaintiff filed the Complaint on October 11, 2019, alleging a single cause of a...

Excerpt: ...t for judicial notice is denied as the subject documents are immaterial to the Court's decision on the motion. Evidentiary Objections Gemack's Objections Objection No. 1 to the Declaration of Lisa Campbell at page 2, paragraph 3, lines 13‐ 20 is overruled. The Court declines to rule on the remainder of Gemack's evidentiary objections since the subject evidence is immaterial to disposition of the motion. (See Code of Civ. Proc., § 437c, subd. (...

Excerpt: ...ervice Coordinator (“MOSC”) V Supervisor. Plaintiff's Employment Background Plaintiff began working for the Regents in 1998 as a MOSC II. (Pl.'s Separate Statement in Opp'n to Mot. (“SS”) No. 1.) Plaintiff thereafter held various positions at the UC Davis Comprehensive Cancer Center (“Cancer Center”), including MOSC III, MOSC IV, and MOSC V. (SS No. 2.) Around 2012, Walter Knowles became the Practice Manager of the Cancer Center. (SS ...

Excerpt: ...ember 7, 2018. The Complaint alleges causes of action for negligence, violation of the California Disabled Persons Act (“CDPA”), and violation of the Unruh Civil Rights Act (“CRA”). The CDPA and CRA causes of action are premised upon a violation of the Americans with Disabilities Act (“ADA”). The Complaint alleges, in relevant part, as follows: “10. Plaintiff is informed and believes that Paratransit is a corporation that provides p...

Excerpt: ...in Sacramento, CA. At the time of the collision, Plaintiff was riding as a passenger in a Lyft vehicle when that vehicle was hit by a 2015 Ford CMAX driven by Defendant. Defendant ran a red light and fled the scene of the collision on foot, but was apprehended by police. Investigating officers gave Defendant a sobriety test and ultimately arrested him. Defendant was charged with a DUI and hit‐and‐run. Plaintiff filed the Complaint on October ...

Excerpt: ...against CSAA for (1) rescission (second cause of action) and (2) unfair and deceptive business practices, Bus. & Prof. Code § 17200 et seq. (third cause of action). As to CSAA, Plaintiff alleges that in June 2018, she entered into a settlement agreement with CSAA for $300 in exchange for a release of defendants Sidney Leung, Daman Leung, and Daniel Leung. The settlement was memorialized through an audio recording of Plaintiff's telephone convers...

Excerpt: ...rassment/discrimination, as intentional infliction of emotional distress and violation of the Bane Act (Civ. Code §52.1). Plaintiff was employed with the State of California Department of Corrections at the Substance Abuse Treatment Facility ‐ Corcoran (hereinafter “SATF/SP Corcoran”). She was first hired as a Supervising Registered Nurse and later assumed the role of acting SRN III (Director of Nursing). Plaintiff alleges that Megan Dougl...

Excerpt: ...utter Health's (“Sutter”) motion to strike portions of the First Amended Complaint (“1AC”) is ruled upon as follows. Factual Background This putative class action arises out of plaintiffs' use of Sutter's publicly‐accessible website to access Sutter's “My Health Online” online patient portal (“MHO” or “Patient Portal”) and/or search for medical information. Plaintiffs are Sutter patients and they generally allege they have s...

Excerpt: ...ed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background In this case plaintiffs allege that defendant sent them a total of at least 103 unsolicited commercial email advertisements in violation of Business & Professions Code §17529.5 and more specifically, subdivision (a)(2). This statute provides in pertinent part: (a) It is unlawful for any person or entity to advertise in a commercial e‐mail advertisement either sent from Californi...

Excerpt: ...ed in conjunction with their demurrer to the First Amended Complaint, which also is on today's calendar. The Court sustained that demurrer without leave to amend, resulting in a judgment against Plaintiff and in favor of these same Defendants. In light of the Court's ruling regarding the demurrer, the motion for terminating sanctions is, in effect, moot. Accordingly, that portion of the instant motion is DROPPED. As noted, however, Defendants als...

Excerpt: ...l foreclosure” lawsuit against several defendants, including Bank and SPS. 2015 Lawsuit. On 12/3/2015 plaintiff commenced her first lawsuit with a verified complaint purporting to assert causes of action against several defendants, including Bank and SPS, for wrongful foreclosure; violation of Civil Code §§2924, 2924.17 and 2934; violation of the federal “Truth In Lending Act;” breach of the implied covenant of good faith & fair dealing; ...

Excerpt: ...* Defendant Sutter Health's (“Sutter”) demurrer to the First Amended Complaint (“1AC”) is ruled upon as follows. Factual Background This putative class action arises out of plaintiffs' use of Sutter's publicly‐accessible website to access Sutter's “My Health Online” online patient portal (“MHO” or “Patient Portal”) and/or search for medical information. Plaintiffs are Sutter patients and they generally allege they have sent ...

Excerpt: ...ical Board of California Division of Licensing, Sacramento County Superior Court Case No. 34‐2011‐80001019 ("Writ Proceeding"). Plaintiff applied for a license to practice medicine in California. The Medical Board of California denied Plaintiff's application, and said decision became final on November 18, 2011. In December 2011, Plaintiff retained Simas to file a writ petition for review of the Medical Board's decision. Simas timely filed the...

Excerpt: ... participate in a deposition on any day other than Sunday. However, Defendant has failed to submit any admissible evidence to support this claim. The only evidence submitted by Defendant is the declarations of counsel. An affidavit must show that the affiant has personal knowledge. (Maltby v. Shook (1955) 131 Cal.App.2d 349, 353.) Here, there are no facts indicating counsel has actual personal knowledge of Defendant's work schedule and financial ...

Excerpt: ...n its order granting preliminary approval, the Court directed Plaintiff to file an amended complaint to conform the alleged class to the class defined in the settlement, to correct errors in the notice concerning the location of the final approval hearing, and to provide evidence of compliance with Labor Code § 2699 (l)(2). The Court notes Plaintiff filed a second amended pleading that corrects the class allegation and corrected the defects in t...

Excerpt: ...erview GSD moves to strike the Fraud and Deceit cause of action from the Cross‐Complaint (“XC”). In the XC, S&C alleges that it entered into written license agreements with GSD. S&C alleges that GSD terminated the license agreements and, by doing so, breached the license agreements in various ways. With respect to the Fraud and Deceit cause of action, S&C alleges: “13. At the time each Cross‐Defendant executed their respective license a...

Excerpt: ...intiff from American Family Funding for $311,000 on May 24, 2005. The loan was secured by a deed of trust (“DOT”) against the real property located at 3635 Bellinger Court, North Highlands (the “Property”). (RJN Ex. 1.) The DOT identified Mortgage Electronic Registration Systems, Inc. (“MERS”) as the beneficiary. (Id.) On May 16, 2012, an assignment of the DOT was recorded, assigning the DOT from MERS to CitiMortgage (the “2012 Assi...

Excerpt: ...ol of her 2008 Lexus RX350 and crashed into a vehicle traveling in the opposite direction. Plaintiff claimed the accident was caused when the accelerator pedal of her vehicle broke in the crash and then punctured her right ankle. Plaintiff filed suit against moving Defendant Toyota based on product defect for placing the subject vehicle in the stream of commerce. On February 25, 2019, Plaintiff and Defendant Toyota engaged in a private mediation,...

Excerpt: ... is directed to review the Local Rules, effective 1/1/2020. Plaintiff's Memorandum of Points & Authorities in Opposition fails to comply with CRC Rule 3.1110(b)(1). The Court did not consider plaintiff's “surreply” filed on 9/28/2020 because the Court did not consider the “new” matters or arguments which defendant raised for the first time in his reply brief. Factual Background Plaintiff, a resident of Russia, has sued defendant DeWitt, a...

Excerpt: ...at the time of the request which of moving defendant' 97 Undisputed Material Facts, which of plaintiff's 52 Additional Material Facts and/or which of moving defendant's objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐ existence of a triable issue of material fact. *** Moving counsel failed to compl...

Excerpt: ...sing, personal hygiene, and moving around the facility. She was a high fall risk and had been diagnosed with pneumonia. Plaintiffs allege that Laguna Woods' staff abandoned Christine, and allowed another resident, Defendant Mee Lai Fong ("Fong"), to physically attack her with a cane. (Compl. ¶ 16.) Christine suffered various broken bones, bruises and a subdural hematoma, which caused her death. (Ibid.) Plaintiffs allege that Defendants knew Fong...

Excerpt: ...nection therewith is GRANTED. Plaintiff filed a request for dismissal of this entire action, with prejudice, after the instant motion was filed and without filing any opposition thereto. Background This “wrongful use of civil proceedings” (Compl. at 1) lawsuit, which is perhaps more accurately construed as a malicious prosecution lawsuit, arises out of the private arbitration of Plaintiff's personal injury claims. According to the moving pape...

Excerpt: ... date (9/29/20) pursuant to the agreement of the parties, as discussed during the hearing on 7/29/20 regarding Plaintiff's Motion to Continue the Hearing on the Motion to Quash. 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,...

Excerpt: ...ments, is unopposed and is GRANTED. However, in taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See e.g. Tenet Healthsystem Desert, Inc. v. Blue Cross of California (2016) 245 Cal.App.4th 821, 836 (“the existence of a document, such as a document recorded in the official records of a government body, may be judicially noticeable, the truth of statements contained in the...

Excerpt: ...ction that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** *** If oral argument is requested in an attempt to obtain leave to amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Plaintiff is reminded that the meet�...