Excerpt: ... common law emotional distress claim. Defendant Sutter Health's recently demurred to the 2AC on various grounds including that plaintiff failed to exhaust her administrative remedies against Sutter Health inasmuch as the latter was not named in plaintiff's administrative complaint. The demurrer was sustained but with leave to amend on 8/19/2019. By the present motion which was filed on 7/10/2019, defendant Sutter Health seeks pursuant to Code of ...

Excerpt: ...disgorgement of money paid to Defendant Osvaldo Martin “pursuant to California Business and Professions Code 7031(b) because Defendant engaged in the business of a contractor without a valid contractor's license and Plaintiff is therefore entitled to recover all compensation paid to Defendant for those acts that required a contractor's license. The amount of compensation not in dispute between the parties totals $65,722.” (Motion, 2:1...

Excerpt: ...s fail to specify in their complaint whether their causes of action are based on Federal law, State law, and/or common law. Plaintiffs allege that since at least 2000, they have owned and operated a business that organizes, coaches, trains, and supports youth female softball players individually, as teams, and in semi‐annual leagues with an emphasis on preparing the players to play on the collegiate level and showcasing their talents and abilit...

Excerpt: ...to an arbitration agreement which includes the following provision: Fitness Evolution and I agree to submit all disputes exclusively to Final and binding arbitration according to the Federal Arbitration Act and the procedures of the California Arbitration Act. The claims which are to be arbitrated according to this agreement include, but are not limited to the following types of claims: wages and other compensation; breach of express or implied c...

Excerpt: ...e control of a restaurant owned by OSI on Natomas Crossing Drive. Application for Injunction. In December 2018 Ming first sought to enjoin Kenny from (1) representing himself as being an officer, director, employee or agent of OSI; (2) acting or purporting to act on behalf of OSI; (3) entering the restaurant or barring Ming from doing so; (4) controlling or transferring an assets of OSI; and (5) withholding or concealing any financial or operatio...

Excerpt: ...y causes of action including discrimination, retaliation and failure to engage in the interactive process, as well as common law claims for wrongful termination and declaratory relief. Defendants assert that plaintiff has refused to abide by the mandatory provisions of an arbitration policy which governed her employment and which she acknowledged on several occasions. According to defendants, the policy specifies that it is the arbitrator who is ...

Excerpt: ...non‐existence of a triable issue of material fact. *** Plaintiff Anel Perez's motion for summary adjudication is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that the issues presented for summary adjudication be stated in the notice of motion and then repeated verbatim in the separate statement. Both moving and opposing counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evid...

Excerpt: ... 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 for breach of the warranty of habitability, nuisance and negligence was brought by several tenants of an apartment complex. The two...

Excerpt: ...nd motion matters. *** Defendant Norcal Masonry Builders, Inc.'s (“Norcal”) demurrer to all six causes of action alleged in plaintiff Bay Cities Paving & Grading, Inc.'s Third Amended Complaint (“3AC”) is ruled upon as follows. Overview In this action plaintiff alleges that it formed a joint venture with C.C. Myers, Inc. (“CCMI”), naming the joint venture “Bay Cities/Myers JV,” to bid on a CalTrans project. Bay Cities/Myers JV won...

Excerpt: ...s Ocwen Loan Servicing, LLC ("Ocwen"), Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2004‐3, Asset‐Backed Certificates, Series 2004‐3 ("Deutsche as Trustee"), and PHH Mortgage Corporation's ("PHH MC") (collectively “Defendants”) demurrer to pro per Plaintiff Renee Martin's first amended complaint (“FAC”) is ruled upon as follows. Defendants' request for judicial notice is ...

Excerpt: ...identifies her employer as "Sutter Medical Center Sacramento Blood and Marrow Transplant Program." (RJN, Ex. A.) California Government Code section 12960 provides, in relevant part: “Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint in writing which shall state the name and address of the person, employer, labor organization or employment agency alleged to have committe...

Excerpt: ...n matters. *** Defendant NewRez LLC fka New Penn Financial, LLC dba Shellpoint Mortgage Servicing's ("SMS") demurrer to the Second Amended Complaint ("SAC") is ruled upon as follows. Overview This is a nonjudicial foreclosure case. According to the SAC, Plaintiffs borrowed from 360 Mortgage Group, LLC ("360MG") over $490,000 in 2015 and this debt is secured by a Deed of Trust ("DOT") recorded on 9/28/2015. In e...

Excerpt: ...I and worked out of KSI's office in Sacramento County. Plaintiff alleges that KSI and co‐defendant Intel Corporation (“Intel”) jointly employed Plaintiff. Plaintiff was assigned to perform duties as an Inventory Specialist for Intel. Plaintiff does not dispute that a valid and binding arbitration agreement exists. She instead opposes on the grounds that: (1) Intel was a joint employer and has not moved to compel arbitration, (2) Intel and P...

Excerpt: ... Decl. p. 1.) His spouse called 911 and he was transported in an ambulance to the hospital, but on the way, the EMTs stopped the ambulance to assess a traffic accident and any possible injuries, leaving Petitioner to wait in the ambulance. (Ex. B.) On September 20, after following up with his cardiologist, he was informed that EMTs are not qualified to assess the stability of cardiac patients and that any delay in getting Petitioner to the hospit...

Excerpt: ...on August 18, 2017, and her deposition has been ordered for September 10, 2019. Defendant served Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on March 6, 2019. Plaintiff did not timely respond and would not agree to timely appear for deposition. Defendant moved to compel responses and Plaintiff's deposition. Plaintiff then provided written responses, with the exception of Special Interrogatory No. 23, wh...

Excerpt: ...Hoganson alleges she served as an ABC trial attorney between 2008 and 2017. Garside became ABC's acting deputy director in May 2016. Due to certain events, ABC management charged Hoganson with insubordination and placed her on administrative time off (“ATO”). While on ATO, Hoganson applied for a position with the Secretary of State (“SOS”) and received a job offer. The offer, however, was withdrawn after Garside advised SOS that Hogan...

Excerpt: ...ly situated individuals employed by Defendants Kings Arena Limited Partnership and Sacramento Downtown Arena, LLC. Plaintiff brought this action against Sacramento Downtown Arena LLC, Sacramento Basketball Holdings GP, LLC, Sacramento Basketball Holdings, LLC, Sacramento Kinds Ltd., Kings ARCO Arena Lrd., Arena Limited Partnership, and Royal Kings Arena Limited Partnership (together, "Defendants"). Plaintiff alleges that Defendants failed...

Excerpt: ...ntiff employment as a Power Systems Operator (“PSO”) instructor. (UMF 1‐7.) He was offered the position based on his extensive utility experience and proclaimed ability to train on power operational systems. (UMF 5.) Plaintiff accepted SMUD's offer, agreeing to a twelve month probationary term, and began his employment on November 3, 2014. (UMF 8.) Shortly thereafter, Plaintiff's supervisor, Bill Simmons, assigned Plaintiff to independently...

Excerpt: ...int against Defendants on October 9, 2018, alleging three causes of action for (1) Elder Abuse, (2) Violations of the Patients' Bill of Rights, and (3) Negligence. The Court sustained Defendants' demurrer to the Complaint with leave to amend. Plaintiff then filed her FAC, and agreed to dismiss the elder abuse cause of action against Mr. Ciric. Defendants again demurred, and the Court again sustained the demurrer with leave to amend. Plaintiff fil...

Excerpt: ...), a vexatious litigant pursuant to Code of Civil Procedure §391(b), to require him to post security before further prosecution of this action and to issue a prefiling order pursuant to Code of Civil Procedure §391.7(e) is GRANTED as follows. Defendants' request for judicial notice of various court documents purporting to show that plaintiff Clark has in the preceding seven (7) years maintained at least six (6) unsuccessful civil actions while ...

Excerpt: ...conduct. Plaintiff's opposition fails to comply with CRC Rule 2.111(1) [requiring attorney's bar number] and Rule 3.1110(b)(3)‐(4). Plaintiff's opposition first asserts that this motion is “moot” because plaintiff has already complied with the TRO by returning to defendants access to the subject websites and domains. The opposition further contends that defendants are not likely to succeed on the merits of their claims against plaintiff and...

Excerpt: ...g from a motor vehicle accident. Pro per Plaintiff Kathleen Davis alleges that Contreras was operating his vehicle at an unsafe speed, failed to operate his vehicle consistent with the traffic conditions, and caused his vehicle to collide with the rear of the Plaintiff's vehicle at a speed of approximately 40 to 50 miles per hour. She alleges that the posted speed limit was 40 MPH as indicated by a clearly visible sign. At the time of the acciden...

Excerpt: ...ic policy supports the enforcement of such agreements.” (Notice of Motion at 1.) Plaintiffs oppose the motion on grounds that: (1) the California Arbitration Act, not the Federal Arbitration Act, governs this dispute (2) the agreements were signed under duress, so they are unenforceable; (3) the possibility of conflicting rulings weighs against ordering arbitration here (Code Civ. Proc. § 1281.2); (4) the agreements are procedurally and substa...

Excerpt: .... 9067568‐13 for the period [sic] of 8/7/13 to 1/22/14” and “forbearance of suit to enforce the payment of such debt.” (Complaint, Ex. A.) Defendant was to pay “$500 each 15th starting August 15, 2015 and then 600.00 each 15th starting 8/15/16.” Plaintiff alleges that Defendant defaulted on the note and the amount unpaid is $24,706.95 principal, $3000 interest at the rate of 10% per annum from 8/14/2014 to date. Plaintiff filed this a...

Excerpt: ...ainant Stone Lake Farm Enterprises, Inc. (“Defendant”) on December 1, 2017, alleging that on or about June 2017, Plaintiff entered into an oral contract with Defendant in which Plaintiff agreed to provide farm labor contract services to Defendant and Defendant agreed to pay for those services. Plaintiff alleges that it fully performed under the terms of the Contract, invoiced Defendant for amount owed, and to date, Defendant has failed to mak...