Excerpt: ...17, Plaintiff, his mother, and older sister, were at the School to sign up for a summer science program. Co‐ Defendant Sacramento Municipal Utility District ("SMUD") employees were also at the School passing out free toys to all children present on the campus. SMUD employees gave Plaintiff a free "snap‐ bracelet." SMUD employees did not give Plaintiff or his mother any instructions or warnings as to the dangerous nature of the bracelet. The b...

Excerpt: ...f's request for judicial notice is granted. This is an attorney malpractice action. Trial was originally scheduled for 7/23/2019. Defendants moved, pursuant to the parties' stipulation, to continue trial due to defense counsel's unavailability and Defendants' desire for additional time to obtain Plaintiff's medical records with the VA. Trial is now scheduled for 4/6/2020. No motion for summary judgment/adjudication has yet been filed. Defendants ...

Excerpt: ...eowners' policy with CAIS in an underlying action filed by QuantFaragasso against Mattos. CAIS seeks a judicial determination that its policy does not provide coverage or otherwise excludes coverage for the lawsuit filed by QuantFaragasso. The underlying action was filed by Quant‐Faragasso against Mattos on October 16, 2018 in Yolo County Superior Court (No. CV18‐1915) (the “Underlying Action”). The Underlying Action arises from Quant‐F...

Excerpt: ...nce they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Overview The undisputed facts in this matter are set forth on pages 5‐6 of CAIC's motion and is CAIC's Separate Statement as follows: CAIC insured Davis Development Company, Inc. ("Davis") under policy number BA040000003225 from December 28, 2013 through December 28, 2014. (UMF 1.) The CAIC policy provided liability coverage of a combin...

Excerpt: ... The facts are in dispute. As the traffic slowed, Rawlins rear‐ended Plaintiff Krystal Sharma's (“Plaintiff”) vehicle. Rawlins, in turn, asserts that he was struck by Galicia's vehicle. Rawlins claims that he fully stopped behind Plaintiff and only rear‐ended her because he was first struck by Galicia's vehicle. Galicia disputes that he rear‐ended Rawlins. Plaintiff filed this action against Rawlins in December 2018, and later substitut...

Excerpt: ...2019, Plaintiffs filed this PAGA Complaint against Defendant. Plaintiffs allege a single cause of action for PAGA penalties based on Defendant's alleged failure to provide itemized wage statements in violation of Labor Code section 226. (Compl. ¶13.) Specifically, Plaintiffs alleged that Defendant provided wage statements that listed the overtime rates as lower than the base rates, when the overtime rates should equal 1.5x the base regular rate ...

Excerpt: ...g Jerritt, Franklin Fong, Jerry Fong, and Art Fong (together, “Plaintiffs” or the “Siblings”), against Samuel's son, Jason. It involves claims by the Siblings related to the estate and trust of Samuel, who is now deceased. There are four other related actions currently pending in this Court, all of which involve the Estate of Samuel Fong. In this Complaint, Plaintiffs allege that their parents previously created The Lily Company, a Califo...

Excerpt: ... injured by carbon monoxide gas during their stay at one of Defendants' hotels. They filed this action in December 2017. In September 2019, Cross‐Complainants filed a Cross‐Complaint against Emerson and three other crossdefendants for indemnity, alleging that Emerson and the other cross‐defendants are wholly or partially responsible for Plaintiffs' damages because they “performed services, designed, manufactured, work and/or supplied mate...

Excerpt: ...ed by Local Rule 1.06. Plaintiffs are 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 plaintiffs are unable to contact opposing counsel prior to hearing, plaintiffs are ordered to appear at the hearing in person or by telephone. Overview This case arises from the treatment and 5/19/2015 death of Reverend Amaziah Altraide (“Decedent”)....

Excerpt: ...l arbitration pursuant to a written arbitration agreement on June 18, 2019. Plaintiff opposed the motion, alleging Plaintiff never signed the subject agreement; Plaintiff does not understand English and the agreement was not translated so that Plaintiff could understand its contents; the arbitration agreement submitted by Defendants was not properly authenticated and was therefore inadmissible; and the agreement is not subject to the FAA because ...

Excerpt: ...atters. *** Plaintiff's (“Pitchess”) motion for disclosure of defendant Deputy Trejo's law enforcement files is ruled on as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Plaintiff's counsel again failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises from an incident occurring during a demonstration. The complaint alleges that an on‐duty County of S...

Excerpt: ...tiff was initially supervised by defendant Carroll and Linda Lambert, both of whom are alleged to have immediately commenced harassing plaintiff. Plaintiff alleges in Paragraph 12 that Lambert's harassment continued for many years but did finally stop in approximately September 2016, when Lambert was terminated “largely” as a result of plaintiff's complaints about Lambert. Lambert is not named as a defendant in this action but Paragraphs 13�...

Excerpt: ..., prior to being named as a defendant in this action, Defendant was diagnosed with Stage IV ovarian cancer. Defendant underwent surgery on May 9, 2019, and has been hospitalized periodically after the surgery due to complications from her diagnosis and chemotherapy. On August 26, 2019, Plaintiff served Defendant with written discovery (form interrogatories, special interrogatories, and a request for production of documents). Plaintiff granted Def...

Excerpt: ... matters. *** Defendant Sacramento Regional Transit District's ("SRTD") Demurrer to Plaintiff Susan Sa's ("Plaintiff") Second Amended Complaint ("SAC") is ruled on as follows. SRTD's request for judicial notice is 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; Steed v. Department of Co...

Excerpt: ...essed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from plaintiff's employment with defendant One Community Health (“OCH”). The operative First Amended Complaint, which spans 50‐plus pages excluding exhibits, asserts 15 individual statutory causes of action under the Fair Employment and Housing Act (“...

Excerpt: ...pro per Renee Martin's motion for reconsideration of the Court's 11/25/2019 ruling on defendants Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2004‐3, Asset‐Backed Certificates, Series 2004‐3, and PHH Mortgage Corporation's (collectively “Defendants”) demurrer to the Second Amended Complaint (“2AC”) is DENIED, as follows. The notice of motion does not comply with Code o...

Excerpt: ... specific discovery requests 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. *** 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 counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedur...

Excerpt: ...t. Plaintiff agreed to make three installment payments and to execute a Modification Trial Agreement. Plaintiff agreed to file a dismissal of the entire lawsuit with prejudice within 5 business days of the execution of the settlement agreement. The parties also agreed that in the event of a breach of the agreement, the prevailing party to an action to enforce the terms of the agreement is entitled to reasonable attorneys' fees and costs incurred ...

Excerpt: ...sed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Vivienne (“Vivienne”) and Richard (“Richard”) Yamamoto's (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview Plaintiff Marcella Luna alleges that she received t...

Excerpt: ... significant traumatic brain injury, among other injuries. Co‐Defendants Alcal Specialty Contracting, Inc., Rodrigo Espino Huerta and Pacific Coast Building Products, Inc. have noticed Plaintiff's deposition for January 28, 2020. Plaintiff moves for a protective order requiring that Defendant's attendance at the deposition be limited such that she is not in the same room as Plaintiff during his testimony. Plaintiff proposes that Defendant atten...

Excerpt: ...and sent him home with pain pills and antibiotics. He proceeded home and started feeling cold. Once home, he started to shake and his roommate called 911. Plaintiff became unconscious and lost his pulse, he was revived using the paddles. He was transported to the hospital where he stayed until 8/16/2017. His medical records were released on 8/25/2017. He alleges that due to his inability to read and write, the medical records were reviewed and ex...

Excerpt: ...ter Health”), and Christi Walsh's (“Walsh”) (collectively “Defendants”) demurrer to Plaintiff Juli Pywell's complaint is ruled upon as follows. Defendants' request for judicial notice is granted. Overview This is an employment discrimination, whistleblower, wrongful termination action. She alleges that Sutter Health and co‐defendant Sutter Valley Health (“SVH”) “all directly and indirectly employed plaintiff Plywell, as defined ...

Excerpt: ...eges decedent Louise Chappell (“Decedent”) received substandard care at Defendants' skilled nursing facility. Defendants argue that Plaintiff is bound by the arbitration agreement (“Arbitration Agreement” or “Agreement”), which was signed by the Decedent's agent, Ms. Sanders, upon Decedent's admission to Defendants' facility. (Def. Ex. A; Sherman Decl. ¶¶3‐6.) It was not signed by Decedent. (Id.) The Arbitration Agreement states i...

Excerpt: ...e she was secured to a gurney in the back of an ambulance after suffering an epileptic seizure. Defendant has been charged and found guilty of crimes arising from the same incident, and he is currently challenging those findings on appeal in the 3rd District Court of Appeal (Case No. C088230). Defendant seeks to stay this civil action, and all discovery in this action, until the appeal is resolved, arguing that if the matter is remanded back to t...

Excerpt: ...Defendant to Produce Witnesses for Deposition, and (4) Motion to Compel the Deposition of Person Most Qualified and Request for Documents are ruled upon as follows. Plaintiffs move for a second time to compel further responses from Defendant to Plaintiff's Form and Special Interrogatories, Set One. At issue are 9 form interrogatories and 27 special interrogatories. Plaintiffs also move for a second time to compel further responses to 55 Requests ...