Excerpt: ...1.) Parlare was a public nightclub located at 1009 10th Street in Sacramento. (UMF #2.) Parlare was operated by Defendant Dale Entertainment, LLC, whose principal is Dale Robertson. (UMF #3.) Defendant Ismail Abukhdair owns the building where Parlare was located, and leased the space to Dale Entertainment, LLC. (UMF #4.) Parlare opened for business in 2008. (UMF #5.) On February 14, 2015, Plaintiff was injured when he was attacked by a group of t...

Excerpt: ...cation school in Williams, California. The Cross‐Complaint at issue in this motion incorporates the allegations of the operative First Amended Complaint (“FAC”) by reference. On June 13, 2008, A4E entered into a contract with Plaintiff Colusa County Offices of Education (“CCOE”) for design services related to the Project. (FAC ¶6.) On February 9, 2019, CCOE entered into a contract with Swank for construction services on the Project. (I...

Excerpt: ...rocedure 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. The Court notes that neither plaintiff nor defendants have complied with CRC Rule 3.300(b) [duty to provide notice of “related case[s]”]. The parties shall now do so no later than 8/30/2019. Factual Background Present Action. This lawsuit was filed...

Excerpt: ... on January 27, 2017. Defendants assert that in 2019 they served discovery requests on Plaintiffs and later met and conferred with Plaintiffs' counsel telephonically on June 7, 2019 after Plaintiffs failed to serve responses. (Trevor Decl. ¶¶5‐9.) During the meet and confer, Defendants stated that they intended to file a cross‐ complaint, while Plaintiffs' counsel represented that Plaintiffs may dismiss the case with prejudice. (Id.) On Jun...

Excerpt: ... evidentiary objections are OVERRULED. Background Cross‐Defendant State Compensation Insurance Fund (“SCIF”) entered into two policy agreements with ACS, in which SCIF agreed to provide workers compensation insurance to ACS in exchange for payments by ASC. CAB is a collections agency, which was assigned the debt owed by ACS to SCIF for the premiums due on the two policies of workers compensation insurance issued to ACS. CAB filed a complain...

Excerpt: ...e defendants consisting of banking entities and employees thereof aided and abetted this scheme and caused damage to plaintiffs. On 4/19/2019 defendant Zions Bancorporation, N.A., successor in interest to defendant ZB, N.A. dba California Bank & Trust (“CB&T”), filed a motion to compel the return of privileged electronically stored information (“ESI”) which was inadvertently produced with its third rolling production in response to plaint...

Excerpt: ...members. The general contractor on the project was defendant Clayco, Inc. Cal‐OSHA has issued several notices of violations as a result of this incident and has now commenced a criminal investigation. Plaintiffs recently served notices for the depositions of Clayco's Persons Most Qualified (“PMQ”) on three issues: (1) Clayco's “Illness Injury Prevention Plan [sic]” (“II PP”), (2) Safety Program and (3) “Rules to Live By” Program...

Excerpt: ...06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. PennyMac's request for judicial notice of a recorded deed of trust (which is already attached as Exhibit A to the 3AC) is granted. Overview According to the 3AC, plaintiff acquired multiple residential properties purchased with loans now serviced by PennyMac and others who report his mortgage payment information to the credi...

Excerpt: ...and the gate fell onto Plaintiff. No trial has been scheduled. On 5/11/2018, Plaintiff propounded form interrogatories on Defendants 4307 CRE, LLC (“4307 CRE”) and 4207 Consulting, Inc. (“4207 Consulting”). (Declaration of Blair Widders (“Widders Decl.”), Exs. 1 and 2.) Form Interrogatory No. 12.4 sought the identification of any one acting on the responding party's behalf that knew of videotapes depicting the incident or injuries. (I...

Excerpt: ...h 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.) Overview This case follows entry of a money judgment in Solano County Superior Court, Dutra Construction Co. v. Arthur Scott Dockter, case no. L‐000081 (“Solano Action”) against plaintiff herein Arthur Scott Dockter (“Dockter”) in 1998. In his first amended compl...

Excerpt: ...ff Michael Coleman alleges that he worked for Defendants as “Rescuers” or in the equivalent job position. Plaintiff alleges that although Defendants classified Plaintiff and others in the same job position as independent contractors, they are actually employees. Plaintiff asserts a single cause of action for PAGA premised on various Labor Code violations. After Defendants filed the instant motion to compel (and the same day that Plaintiff fil...

Excerpt: ...17, Plaintiff Dylan Wasko (Wasko) served Smart & Final as a non‐exempt, hourly store employee. Wasko is pursuing individual claims against Smart & Final for failure to pay minimum wages, failure to pay premium and overtime wages, failure to provide meal and rest breaks, failure to provide accurate wage statements, and failure to pay wages timely upon discharge. He is seeking civil penalties for himself and other aggrieved Smart & Final employee...

Excerpt: .../31/2017. The plaintiffs in the present action, which was filed on 5/18/2018, are the decedent's widow, Stella Altraide, and the couple's surviving children. Plaintiffs allege that the decedent suffered from prostate cancer and was given a "vague plan of care." He was allegedly injected with Lupron, a hormonal therapy, as well as radioactive gold seeds and was prescribed the drug Effexor. Plaintiffs allege that Defendants failed t...

Excerpt: ...(collectively "Oakmont") motion to compel arbitration is ruled upon as follows. I. Overview This is an Elder Abuse action. The plaintiff is Linda Stafford ("Plaintiff" or "Linda"), by and through her GAL, Gerald Stafford (“Gerald”), her husband. Linda suffers from Corticobasilar Degeneration ("CBD") and related memory impairment and dementia. She is also wheelchair bound and completely dependent on others for h...

Excerpt: ...ears (CCP §§531.310 and 583.360) is DENIED. Overview This is an employment action. On 6/21/2013, Plaintiff Sharon Laidley filed a Verified Petition for Writ of Mandate against CDCR for FEHA Retaliation and Failure to Adequately Compensate; Declaratory Relief (“Writ Action”). The Writ Action was filed in Alameda County Superior Court. The Writ Action was later transferred to this Court on 2/25/2014. In the Writ Action, Plaintiff alleged that...

Excerpt: ...in this department for additional briefing. Petitioner California Restaurant Mutual Benefit Corp. (“CRMBC”) petitions to compel Respondent Buckowens Hotel L.P. ("Buckowens"), a cancelled limited partnership, to arbitration. CRMBC bases its petition on the Members' Agreement and Power of Attorney (“Members' Agreement”), that was signed by Rajinder S. Walia (“Walia”) on 2/18/2008 for Buckowens. Buckowens opposes the petition on ...

Excerpt: ... wage and hour action arising out of Plaintiff Remilito Trinidad's (“Plaintiff”) employment with Defendant. Plaintiff's original Complaint asserted a single cause of action for Violation of Labor Code § 226, and Plaintiff filed the Complaint “individually and on behalf of a class of all other similarly situated current and former employees of Defendants for penalties and/or damages for failure to provide accurate itemized wage statements.�...

Excerpt: ...e prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Crossroads Diversified Services (“Crossroads”) motion for summary judgment or summary adjudication is ruled upon as follows: Crossroads request for judicial notice is GRANTED. The Court declines to rule on Crossroads' objections to evidence submitted by Plaintiff Adrian Woodson (“Woodson”). ...

Excerpt: ...'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. Opposing counsel failed to comply with CRC Rule 3.1113(f). Factual Background This is a personal injury action arising from the June 2018 explosion of a lithium‐ion 18650 battery which plaintiff purchased for use with his e‐cig...

Excerpt: ...iff's food in order to render him unconscious, and then in May 2017, she sexually assaulted him while he was unconscious. Plaintiff further alleges that Kathie's parents, Robert and Ruby Eidson, were aware of Kathie's tendencies towards violent sexual assault yet facilitated his injuries by permitting him to stay on their property under Kathie's care. Plaintiff does not have any memory of the purported assault or assaults, but claims he has an au...

Excerpt: ...larly situated individuals employed by Defendant Spencer Building Maintenance, Inc. ("Defendant"). Plaintiff worked for Defendant in California as a nonexempt employee. Plaintiff alleges that Defendant's policies and practices resulted in Defendant's failure to provide Plaintiff and the aggrieved employees with all wages owed upon separation, lawful meal and rest periods, itemized wage statements, and reimbursement of business expenses, a...

Excerpt: ...cted the property at issue in September 2014 to look for hazards and other conditions that posed risks to the building or were dangers to others. Plaintiffs allege that at the time of the inspection, Allstate's inspector saw scaffolding, but Allstate never indicated that the scaffolding was a hazard or risk of injury. Plaintiffs allege that in October 2014, Allstate knew that in cases involving scaffolding, the claims can produce very serious inj...

Excerpt: ...murrer hearing” because there is no proof of service. This action arises from Plaintiff's purchase of a Tuff Shed from Home Depot. Plaintiff asserts a breach of contract and negligence cause of action against Home Depot, and a breach of contract and negligence cause of action against TSI. The allegations in the FAC are fairly confusing and rambling. Defendants demur on the ground that the FAC is uncertain, ambiguous and/or unintelligible. Defen...

Excerpt: ...ters. *** Plaintiffs' motion to compel further deposition of Defendant FCA US LLC's (“FCA”) more persons most qualified (“PMQ”) and further responses to Plaintiffs' fourth amended notice of deposition is ruled upon as follows. Overview This is a lemon law action. On 2/6/2019, the Court granted, in part, and denied, in part, Plaintiffs' motion to compel production of one or more PMQs for deposition. The Court overruled FCA's objections...

Excerpt: ...2016. Non‐ Settling Defendant Group XIII Properties, LP (“Group XII”) has owned the property since January 2016. Group XII opposes the motion on the ground that Merchant Trustee fails to satisfy its burden to show that the proportionate liability is greater than the settlement amount. The Court agrees with Group XII. As explained in City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, although the party seeking a determinatio...