Excerpt: ...el Robertson, for sexual harassment, failure to prevent sexual harassment, retaliation, and discrimination in violation of the FEHA. Plaintiff alleges sexual harassment by Robertson over a period of 10 years. Plaintiff served Costco with requests for production of documents which included a request for all documents relating to disciplinary action taken against defendant Robertson due to complaints by Costco employees of sexual harassment by Robe...

Excerpt: ...dmissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant/cross‐complainant Martinez's motion for summary adjudication as to both plaintiff's complaint and Martinez's own cross‐complaint is ruled on as follows. Moving counsel again failed to comply with CRC Rule 3.1350(b) and (h), requiring that all issues presented for summary adjudication be stated in the notice of motion...

Excerpt: ...ed at 4720 Roosevelt Avenue #2, Sacramento, CA 95820 (the “Premises”). Plaintiff alleges in the Complaint as follows: On or about January 1, 2015, Plaintiff and Catalyst Property Management entered into a written agreement to rent the Premises. (Compl. ¶ 7.) The “relevant terms of th[e] agreement were that Plaintiff[] . . . w[as a] tenant[] and w[as] to pay the Defendants $725.00 a month in rent.” (Ibid.) Defendants “were the owners an...

Excerpt: ...ot have facts sufficient to constitute a valid defense to the allegations in plaintiff's complaint which is otherwise sufficient to state a valid cause of action against defendant. Thus, plaintiff insists it is therefore entitled to judgment on the pleadings in the amount of $76,483.33 plus interest, costs of $834 and attorney fees of $7,882.50. Plaintiff is not entitled to judgment on the pleadings based on the allegations of the complaint and t...

Excerpt: ... required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a personal injury action arising from a motor vehicle accident. Trial is currently set to commence on 7/15/2019...

Excerpt: ...admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Wrightwood Capital, LLC and WCP Southgate Plaza, LLC's motion for summary judgment as to plaintiff's complaint for personal injuries is GRANTED. The moving papers are sufficient to meet defendants' initial burden of production under Code of Civil Procedure §437c(p)(2) and plaintiff failed to produce evidence sufficien...

Excerpt: ... specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant and Cross‐Complainants Sahar Rawan Nazarzai (“Sahar”), Wadan Nazarzai, Balka Nazarzai, and Roshana Nazarzai's (collectively “Defendants”) “Joint motion for summary judgment, or in the alternative, summary adjudication” is ruled upon as follows. As an initial matter, the Court observes that although the movi...

Excerpt: ...on March 15, 2019. (ROA # 141.) The proof of service attached to the Notice of Entry of Judgment states the notice was served on Plaintiff via mail on March 15, 2019. (Id.) DGS filed a Memorandum of Costs ("MOC") on April 2, 2019, in which it claimed $9,956.59 in costs as the prevailing party. (ROA # 143.) On April 22, 2019, Plaintiff filed a motion to tax $5,380.61 of the claimed costs, arguing they are not recoverable under Code of Civi...

Excerpt: ...n essentially state that in September 2017, plaintiff issued check #9171 payable solely to defendant Preet in the amount of $3950 but when Preet stated that check #9171 did not arrive, plaintiff issued a replacement check (#9202) payable to Preet who subsequently cashed the replacement check (#9202), receiving $3950. The first cause of action then asserts that on 5/14/2018 Preet cashed the original check which was reportedly not received (#9171) ...

Excerpt: ...If oral argument is requested in an attempt to obtain leave to amend, defendant/cross‐complainant 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. *** Cross‐defendant Signature Stock Transfer's (“SST”) demurrer to defendant/crosscomplainant in pro per Maciora's First Amended Cross‐complaint (“1AXC”) is ruled upon as follows. Moving c...

Excerpt: ...fendants Venus Concepts USA, Inc. (“Venus Concepts”) and Jacqueline Clemmer's (“Clemmer”) (collectively “Defendants”) demurrer to Plaintiffs Curtis Wong, M.D., individually (“Dr. Wong”) and dba Curtis SF Wong, M.D., Inc.'s (collectively “Plaintiffs”) second amended complaint (“SAC”) is ruled upon as follows. Overview Dr. Wong is a board‐certified plastic surgeon. Plaintiffs allege that on September 29, 2016, they purchas...

Excerpt: ...ring 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. *** Plaintiff Gregory Edwards LLC's (“Plaintiff”) motion for summary judgment is ruled upon as follows. Plaintiff'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....

Excerpt: ...rtez alleges that on 1/15/16, while shopping at a Target store for which Global provides overnight cleaning services, he fell on a slippery spot on the floor and suffered a concussion. Global moves for summary judgment. Cortez does not oppose. Global argues among other things that it is undisputed it did not cause Cortez' injury. In this regard, Global enumerates the following undisputed material facts (UMF) in its separate statement: The acciden...

Excerpt: ... Plaintiff's employment. Plaintiff filed the complaint in this action on January 10, 2019, alleging the following causes of action: (1) disability discrimination in violation of Fair Employment and Housing Act (“FEHA”); (2) failure to prevent discrimination and/or harassment in violation of FEHA; (3) retaliation; (4) wrongful termination in violation of public policy; (5) failure to accommodate; (6) failure to engage in the good faith interac...

Excerpt: ...epared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants California Department of Food and Agriculture (“DFA”) and Joan Scheiman's (“Scheiman”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Plaintiff's separate statement fails to comply with CRC Rule 3.1350(f)(2) whi...

Excerpt: ...d an arbitration agreement upon his employment with defendant which requires that arbitration of all disputes arising out of Plaintiff's employment, and specifically waives Plaintiff's right to participate in any class action. Plaintiff filed the complaint in this action alleging seven causes of action arising from his employment, including failure to pay overtime, failure to provide meal and rest periods, wage statement violations, and P...

Excerpt: ...e 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 Swank Construction, Inc.'s (“Swank”) motion for summary adjudication is ruled upon as follows. Both parties' requests for judicial notice are granted. In taking judicial notice of these documents, the court accepts the fact of their existenc...

Excerpt: ...ditional Material Facts offered by plaintiff and/or which of the objections to evidence will be addressed at the hearing and the parties should be prepared to point to specific admissible evidence that is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Architecture for Education, Inc.'s (“A4E”) motion for summary adjudication of issues as against plaintiff Colusa County Office of Education (...

Excerpt: ...ut leave to amend as to defendants Furlong, as set forth below. Defendants' motion is made upon the grounds that Plaintiff's complaint does not state facts sufficient to support a claim for punitive damages. (Caliber Bodyworks, Inc. v. Superior Court (2005) 134 Cal.App.4th 365, 385.) Defendants argue that in order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must...

Excerpt: ... Taylor Homes 1 and 2, Inc. (“FTH”) and Filomena “Helen” Taylor's (“Helen”) (collectively “Defendants”) demurrer to the First Amended Complaint (“1AC”) is ruled on as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Opposing counsel failed to comply with CRC Rule 2.111(1). Factual Background In pertinent part, the 1AC alleges the elderly plaintiff “required…assistance and supervision 2...

Excerpt: ...*** Defendants Dr. Buchanan, et al.'s demurrer to the Second Amended Complaint (“2AC”) of plaintiffs in pro per is ruled on as follows. Overview This case follows the death of Reverend Amaziah Altraide along with an initial lawsuit which was filed on 5/15/2017, with a judgment of dismissal being entered following the sustaining of a demurrer on 8/31/2017. The plaintiffs in the present action, which was filed on 5/18/2018, are the decedent's w...

Excerpt: ...endants Filomena Taylor Homes 1 and 2, Inc. (“FTH”) and Filomena “Helen” Taylor's (“Helen”) (collectively “Defendants”) motion to strike portions of the First Amended Complaint (“1AC”) is ruled on as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Opposing counsel failed to comply with CRC Rule 2.111(1). Factual Background In pertinent part, the 1AC alleges the elderly plaintiff “requir...

Excerpt: ...atters. *** The demurrer of Defendants California Air Resources Board (CARB), California Environmental Protection Agency (CalEPA), Elizabeth Scheele (Scheele) and Terrel Ferreira (Ferreira) (collectively “Defendants”) to Plaintiff Christopher Newton's (Newton) First Amended Complaint (FAC) is SUSTAINED in part, with leave to amend, and OVERRULED in part. The motion to strike to the prayer for an award of punitive damages and prejudgment inter...

Excerpt: ...to warranty, including, but not limited to, one or more faulty Takata airbags.” (Complaint, ¶ 10.) The Court notes that Plaintiff's motion fails to comply with CRC Rule 3.1345(d) which requires that the motion identify the specific interrogatories, demands, or requests by set and number. As a preliminary matter, the Court declines BMW's request to defer this matter pending a ruling on a future motion for summary judgment (that has not yet been...

Excerpt: ...efendant served a Demand for IME for an examination conducted by Dr. June Paltzer, PH.D, a neuropsychologist ("Dr. Paltzer"). (Declaration of Kaveh Mirshafiel ("Mirshafiel Decl."), Ex. A.) The purpose of the exam was to “determin[e] the nature and extent of Plaintiff's claimed mental injuries and residuals thereto, and will consist of a standard neuropsychologist examination with history, past and present.” (Id.) Plaintiff agr...