Excerpt: ...s provided written statements related thereto. According to the moving papers, Zacharey's mother (not a party to this lawsuit) has primary custody of Zacharey and consented to the latter's deposition but plaintiff Hodge, who had custody of Zacharey on the date previously scheduled for the deposition, refused to produce the witness for deposition, arguing that defendants are not entitled to depose plaintiff's witness. Since defendants are by law e...

Excerpt: ...2019, to give Defendant Michael Hicks, in pro per, the opportunity to file an opposition after he appeared at the hearings. Defendant filed untimely “oppositions” to the three motions on May 31, 2019, and served unverified responses to the subject discovery via certified mail on June 3, 2019. The “oppositions” essentially state that Defendant was confused and did not understand the discovery process and has now sent answers to the referen...

Excerpt: ...requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Defendants' motion for summary adjudication of the various causes of action purportedly asserted against them in plaintiff in pro per's complaint is DENIED since defendants failed comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be stated in the notice of motion and repeated ve...

Excerpt: ...ion, Shacklefoot's sole cause of action has been one for motor vehicle negligence. Among the defendants are One Call Medical, Inc. (NJ) dba One Call Care Management, and Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively "One Call") (sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc.). Shacklefoot alleges that "One Call provides services to the workers' com...

Excerpt: ...raud. This case arises from a borrower signing home loan origination documents in a name other than her legal name. Later, she divorced her husband, William B. Welcher (“William”), who was also her co‐borrower on the loan. Defendant allegedly stopped automatic withdrawals of mortgage payments from her account due to her husband's bankruptcy filing, which caused the loan to go into default. Plaintiff sought a Request for Assistance and a...

Excerpt: ... Defendant City of Sacramento (the City) to Plaintiffs' third amended complaint (3AC) is OVERRULED in part and SUSTAINED in part, with leave to amend. The court has previously reminded all counsel that the meet‐and‐confer requirements of Code of Civil Procedure § 430.41 are not optional and mandate, reasonable, good faith meet‐and‐confer efforts. The court now reminds the parties that those efforts require the parties to identify legal s...

Excerpt: ...ing personal service on Cindy Williams of LegalCorp. Solutions on February 6, 2019. (RJN Ex. 2.) On March 20, 2019, Plaintiff filed a request for entry of default, which was entered on that same date. (RJN Ex. 3; ROA 9, 10.) Plaintiff then filed a Request for Court Judgment on April 9, 2019. (RJN Ex. 4.) Defendant seeks to set aside the default and any request for default judgment based on surprise and excusable neglect. Defendant's member and ma...

Excerpt: ...'s claims. The motion is ruled upon as follows. Background This action arises out of a series of loans extended by CCL to Plaintiff Phoenix Logistics Supply Chain Solutions, Inc. (“PLSCS” ) in 2015 and 2016, and part of 2017. The SAC alleges that CCL has domesticated and pursued a judgment it obtained against Plaintiff in New York related to the underlying loan agreements. (See SAC ¶¶ 5, 63, 64, 87.) The Court previously granted Defendant C...

Excerpt: ...es Contract (the “RSA”) with Folsom Lake Hyundai to purchase and finance a 2013 Hyundai Elantra (the “Vehicle”). (Zielomski Decl. ¶2, Ex. A.) The RSA contains an arbitration provision stating that “any claim or dispute, whether in contract, tort, statute or otherwise . . . ., between you and us or our employees, agents, successors or assigns, which arises out of or relates to your . . . purchase or condition of this vehicle . . . . sha...

Excerpt: ...mployee pursuant to the Private Attorneys General Act” a single cause of action for violation of the Private Attorney General Act of 2004 ("PAGA") found at Labor Code §2698 et seq. based on Defendant's alleged violation of the following wage‐and‐hour laws: failure to provide accurate wage statements, failure to maintain payroll and time records, failure to provide meal and rest periods, failure to pay overtime, failure to timel...

Excerpt: .... *** Defendants Caliber Home Loans, Inc., et al.'s (collectively “Defendants”) demurrer to the First Amended Complaint (“1AC”) is ruled on as follows. The opposition papers were not timely filed or served but were nevertheless considered. The opposition papers do not comply with CRC Rule 3.1113(f) or Rule 3.1110(b)(3)‐ (4). Factual Background This is a wrongful foreclosure case which was commenced on 10/2/2015. According to the 1AC fil...

Excerpt: ...ntiffs Franklin Armory, Inc. (“FAI”), a firearms manufacturer, and Sacramento Black Rifle, Inc. (“SBR”), a firearms dealership. They allege that on two occasions in July 2017 FAI sent an email to the DOJ “inquiring about the classification of their [sic] initial Title 1 design,” with “Title 1” being described as a firearm designed, developed, and manufactured by FAI which the latter desires to distribute and sell in California. (C...

Excerpt: ...34;). Plaintiff Teshawn Solomon, an individual, and on behalf of all other aggrieved employees alleges that Vivint violated various Labor Codes and Wage Orders. Plaintiff asserts a single cause of action for Violation of the Private Attorneys General Act (Labor Code §2698, et seq.) Plaintiff seeks to recover civil penalties pursuant to Labor Code §§ 2698‐2699.5. (Complaint, ¶¶ 35‐37.) Pursuant to the Presiding Judge's order, this motion ...

Excerpt: ...9;s motion to compel Defendants Vivant Solar Inc. ("VSI") and Vivant Solar Developer, LLC ("VSD") (collectively "Defendants") responses to special interrogatories, request for production of documents, and request for admissions is ruled upon as follows. Procedural History This is an action for violation of California Labor Code Private Attorneys General Act of 2004 ("PAGA"). Plaintiff Teshawn Solomon, an individual...

Excerpt: ...diation and defendants now seek to enforce the settlement terms which required plaintiffs to obtain approval of a minor's compromise for one of the plaintiffs. Notably, defendants here do not request this Court to enter a judgment according to the terms of the earlier settlement but rather appear to request an order compelling plaintiffs to obtain approval of a minor's compromise. The express language of Code of Civil Procedure §664.6 does not a...

Excerpt: ...in Respondents Kaiser Foundation Health Plan, Inc., The Permanente Medical Group, Inc. and Kaiser Foundation Hospitals' (collectively “Kaiser”) favor. The Arbitrator found that Ly failed to submit an expert declaration in opposition to Kaiser's motion for summary judgment, that her opposition to Kaiser's separate statement failed to establish a triable issue of material fact, and that none of Ly's statements served as admissible evidence nece...

Excerpt: ...ithdraw was signed on 1/23/2018. Plaintiff thereafter moved to compel SHR's responses to request for production of documents (set one), special interrogatories (set one), and form interrogatories. The motion was unopposed and the Court directed SHR to serve written verified responses, without objections, by no later than 3/23/2018. The Court also advised that a corporation by be represented by legal counsel. Plaintiff moves to strike on three...

Excerpt: ...pplicable standard of care and because no act or omission by Defendant caused Mr. Smith's death. Plaintiffs Donna Smith, Derrick Smith, Amanda Wilkins, Gracie Campbell, Kelly Edgar, Brandy Gascon, and Andrew Smith have brought an action alleging a single cause of action for wrongful death based on medical negligence against Defendant. Plaintiffs allege that while Mr. Smith was a patient at the University of California, Davis Medical Center from J...

Excerpt: ... Lane Center School, Peter J. Shields Elementary School and Mitchell Middle School in Rancho Cordova, California. Norwood entered into a subcontract with Defendant Andrade Electric, Inc. (“Andrade”) for electrical work. On 1/29/2019, two Notices of Completion were filed and recorded by the District covering the three projects. On 3/26/2019, Andrade filed with the District three Stop Payment Notices requesting that the District withhold funds ...

Excerpt: ...implied covenant of good faith and fair dealing; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) unfair business practices in violation of California Business and Professions Code section 17200; and (6) accounting. Plaintiff alleges that beginning in 2015, he worked together with Defendant Fong and Defendant DF Softball, LLC, in the business of organizing and hosting softball tournaments, showcases, and other events. (Com....

Excerpt: ...ur James Shurley to rent the premises at 3723 Scallop Court, North HIghlands, California. Plaintiffs allege that Defendants agreed to provide habitable rental property. Plaintiffs allege that the premises has numerous defects that cause the premises to be uninhabitable including a leaking roof causing damage to Plaintiffs' property, mold throughout the house causing breathing problems, lack of heating and air conditioning, broken windows, coc...

Excerpt: ...ovenant of good faith and fair dealing; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) unfair business practices in violation of California Business and Professions Code section 17200; and (6) accounting. Plaintiff alleges that beginning in 2015, he worked together with Defendant Fong and Defendant DF Softball, LLC, in the business of organizing and hosting softball tournaments, showcases, and other events. (Com. ¶ 7.) P...

Excerpt: ...Plaintiffs”) prayer for injunctive relief must be stricken because (1) Plaintiffs have not sufficiently pled a cause of action to support such relief, and (2) their claims are barred by GM's defenses. Plaintiffs oppose. As the Court sustained GM's demurrer in its entirety with leave to amend, the Motion to Strike is GRANTED with leave to amend. The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further not...

Excerpt: ...fifth cause of action for declaratory relief which is directed solely against JCC. Plaintiff alleges that “under protest,” she has paid the $150 non‐refundable fee required by Code of Civil Procedure §631(b) “in order to preserve his [sic] right to a jury trial” and that there is an “actual controversy” over whether this $150 charge is “a lawfully enacted [sic] fee” or “an unlawfully enacted [sic] tax” inasmuch as §631(b) ...

Excerpt: ...to rule, leave to amend is granted. Sutter Health's request for judicial notice is GRANTED. Sutter Health further asks for an order stating that Plaintiff should not be permitted to remain an anonymous litigant, citing CCP § 367, which says that a case must be prosecuted in name of real party in interest. Sutter Health contends that Plaintiff has not demonstrated any interest in preserving her anonymity. However, this request is not a proper bas...