Excerpt: ... 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. *** Defendant Martha Williams' (“Defendant”) Motion for Summary Judgment, or in the Alternative, Summary Adjudication, is GRANTED as to the Second Cause of Action (dog bite statute) and DENIED as to the First Cause of Action for Common Law Strict Liability and Third Cause of A...

Excerpt: ...addressed 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. *** Defendant Stanley Arellano, D.D.S., Inc. dba Laguna Family Dental's (“Defendant”) Motion for Summary Judgment is DENIED. Location of Hearing The Court notes that moving party has not indicated any address for the hearing in its notice of motion. The correct...

Excerpt: ...at pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to plaintiff in pro per's Third Amended Complaint (“TAC”) is SUSTAINED without leave to amend as to the Fifth Cause of Action for Harassment in Violation of the FEHA. This is the second demurrer upon which the Court rules in this case. The previous demurrer...

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. *** Defendant Health Net Federal Services, LLC's (“HNFS”) motion for summary adjudication on each of plaintiff's six causes of action and claim for punitive damages alleged in plaintiff's First Amended Complaint (“1AC”) is GRANTED IN PART and DENIED IN PA...

Excerpt: ...iled this action on March 11, 2019, individually and on behalf of all aggrieved employees. The Complaint alleges one cause of action under the Private Attorney General Act of 2004 ("PAGA") found at Labor Code §2698 et seq., based on Defendant's alleged failure to provide an adequate number of suitable seats in violation of Labor Code section 1198. Defendant argues that this action should be abated, as it is entirely duplicative of an...

Excerpt: ... and motion matters. *** Defendants Department of Fish and Wildlife (“Department”) and Charlton Bonham's demurrer to Plaintiffs South Yuba Water District (“District”), et al.'s Second Amended Complaint (“2AC”) is ruled upon as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action relates to the South Canal Diversion, a water diversion facility on the Yuba River in Yuba County, whic...

Excerpt: ...ocal Rules, effective 1/1/2019. Moving counsel failed to comply with CRC Rule 3.1110(b)(3). Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises from plaintiffs' attempt to purchase a business from defendants. Analysis Breach of Contract. The demurrer to the breach of contract cause of action is sustained. This cause of action alleges in pertinent part: The discussion and Letter of Agreement be...

Excerpt: ...4;City") Zoo fell on her. Plaintiff was working as a job coach for InAlliance, a company that provides training to adults with disabilities to help them integrate into the community. On 6/2/2016, City filed a cross‐complaint against InAlliance and Summer Owens for indemnity, apportionment of fault, and declaratory relief. The proof of service shows that the summons and cross‐complaint was personally served on Sandra Bishop on 6/2/2016 at ...

Excerpt: ... 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. *** Defendant Polly McGilvray's (“McGilvray”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an action for professional negligence and breach of fiduciary duties. Plaintiff Diane Brennan (“Plaintiff”)...

Excerpt: ...ng customer at Defendants' Hotel. While in the hot tub, she began experiencing itching and burning sensations all over her body which quickly turned into major burns and welts. The first amended complaint asserts causes of action for negligence and premises liability. Defendants move for summary judgment/adjudication on the ground that each cause of action fails due to absence of evidence. Defendants' undisputed material facts show that after Pla...

Excerpt: ...a Memorandum of Costs, seeking $5,226.52 in costs. Defendants now move to tax various costs on the grounds that they were not reasonably necessary and/or not reasonable in amount. Defendants oppose. The Court rules as follows. A prevailing buyer in a Song‐Beverly action is entitled to "the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incu...

Excerpt: ...‐Complainant Isabella Garcia (fka/aka as Jessica Lynn Langshaw, herein referred to as “Garcia”) alleges a series of events and a long course of action taken against her by Cross‐Defendants Carlos Gonzales (fka/aka Raul Samuray Umana), Carmen Torres (fka/aka Corenna Martin) and Rosie Valenz (fka/aka Beatris Flores). Under circumstances that are not explained in the FACC, Garcia somehow came to know and live with all the Cross‐Defendants....

Excerpt: ...uiring that issue(s) 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 evidence (including all declarations) with a table of contents when evidence exceeds 25 pages. Factual Background This is a nonjudicial foreclosure action. According to the complaint, OLS intentionally ...

Excerpt: ...the trial of this matter as the issue presented here can be resolved as a matter of law as there are no triable issues of fact standing in the way of such a determination. This Motion addresses the Applied Underwriters Captive Risk Assurance Company's (herein “AUCRA”) efforts to enforce the Reinsurance Participation Agreement (herein “RPA”) addressed in the First Cause of Action in Plaintiff's Complaint alleging unlawful business practice...

Excerpt: ...action for civil penalties under the Private Attorney General Act (“PAGA”). Defendants oppose, arguing that the new cause of action which would put “millions of dollars in civil penalties at issue” is time‐barred particularly since the relation‐back doctrine would not apply and that the addition of the untimely cause of action would cause prejudice, forcing defendants to expend significant resources to challenge the meritless cause of...

Excerpt: ...�the default and default judgment were entered as a result of surprise and Defendant's reasonable mistaken belief that the case had been dismissed and should be set aside on equitable grounds and that Notice of Entry Default, preceding Entry of Default Judgment, was not received by Defendant.” (P&As at 3.) The Court notes that, appropriately, Defendant does not seek relief pursuant to Code of Civil Procedure section 473(b). Such relief is n...

Excerpt: ...ntiff Tiffany Geist's pleading. Plaintiff Geist has alleged that moving Defendant is liable, among other defendants, for personal injuries she sustained during two motor vehicle accidents. (Register of Actions (“ROA”) 1. Plaintiff Geist's original pleading does not name “Hector A. Sandoval Madera” as a party to this action, and moving Defendant Pugh seeks to add him as a cross‐defendant who may have some responsibility for the motor veh...

Excerpt: ... of the Summons and Complaint on June 17, 2019, which states that Defendant Tu Che was personally served on April 12, 2019. (ROA 21.) Defendant first moves pursuant to CCP § 473(b) to set aside the default based on inadvertence, mistake, surprise, or excusable neglect. In support of his motion, Defendant provides a declaration in which he asserts that the Proof of Service in his case appears faulty, as it states that he was personally served, ye...

Excerpt: ...similarly situated individuals employed by Defendant Air Products And Chemicals, Inc. ("Defendant"). Plaintiff worked for Defendant in California from July 2016 until about April 4, 2018. Plaintiff alleges that Defendant failed to pay wages in a timely manner and thus that Defendant is liable for civil penalties pursuant to the PAGA. Defendant denies all liability. After conducting six months of informal discovery and engaging in mediatio...

Excerpt: ... CRC Rule 3.1110(a). This is a power theft case which apparently resolved by way of a settlement which required defendant to make monthly payments to plaintiff until the agreed upon amount was paid in full. Code of Civil Procedure §664.6 provides in its entirety: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof,...

Excerpt: ...nt plaintiff seeks monetary sanctions, the notice of motion also fails to comply with Code of Civil Procedure §2023.040 [requiring notice to “identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought”]. According to the moving papers, plaintiff in pro per served by “Federal Express” on 4/13/2019 a notice for the deposition of CSAA's PMK which included a request to produce 63 c...

Excerpt: ...on (relating to the Presiding Judge's 3/11/2019 order denying plaintiff in pro per's application to vacate pre‐filing order or for a pre‐filing order permitting the filing of one or more amended complaints) was not only without any legal merit but also filed without complying with the requirement of obtaining a pre‐filing order. Plaintiff opposes, arguing first that this motion is improperly set for hearing in Department 54 rather than befo...

Excerpt: ...tion matters. *** Defendant California Department of Health Care Services' (“DHCS”) demurrer to plaintiff's First Amended Complaint (“1AC”) is ruled upon as follows. The opposition filed by plaintiff's former counsel fails to comply with CRC Rule 3.1110 (b)(3)‐(4). Factual Background This action arises out of plaintiff's prior employment with defendant DHCS. According to the 1AC, plaintiff was hired in March 2015 but she voluntarily res...

Excerpt: ...hat the date, time, and department for the hearing must be placed on the first page of opposition. This is a legal malpractice action. Plaintiff Andrew Palmquist alleges that in July 2017, he retained Cable and the other co‐defendants to represent him in Soper Co. v. Faith Russell, et al., Superior Court of California, County of Butte Case No. 17CV01457. ("Butte County Action") Pursuant to the Court's inherent authority to control t...

Excerpt: ...hat the date, time, and department for the hearing must be placed on the first page of opposition. This is a legal malpractice action. Plaintiff Andrew Palmquist alleges that in July 2017, he retained Cable and the other co‐defendants to represent him in Soper Co. v. Faith Russell, et al., Superior Court of California, County of Butte Case No. 17CV01457. ("Butte County Action") Pursuant to the Court's inherent authority to control t...