Excerpt: ...d by a semi‐ trailer owned by Defendant and operated by its employee. As a result of her alleged injuries, Plaintiff claims damages in the form of past and future lost earnings. At the time of her alleged injuries, Plaintiff apparently worked for Jersey Mike's. On or about July 19, 2018, Defendants issued a deposition subpoena to Jersey Mike's for production of business records to obtain Plaintiff's employment records. Despite several attempts ...

Excerpt: ...laintiff further alleges that she was placed on investigatory leave, and also that she was ignored and ultimately disciplined after she complained about another physician. In addition, Plaintiff contended that she once again was the subject of retaliation after she complained after she was prohibited from taking a break and that she refused to alter patient records. In June 2011, Defendant placed Plaintiff on medical leave. In February 2012, Defe...

Excerpt: ...est for Judicial Notice is GRANTED. Plaintiff's Request for Judicial Notice is GRANTED as to Exhibit Nos. 1, 2, 3 and 8. Judicial Notice as to Request Nos. 4, 5, 6, and 7 is DENIED. Defendant's objections are overruled. FACTS Plaintiff was employed with Defendant Garda CL West, Inc. from approximately July 8, 2013, to September 15, 2015. (Compl. ¶¶ 6, 24.) Plaintiff alleges that during the course of his employment, he was subjected to discrimin...

Excerpt: ...Placer Title Co. (1994) 28 Cal.App.4th 503, 509‐511.) Provided that proof of timely, valid service of the moving papers is filed at or before the hearing, the following will become the tentative ruling of the court. Defendant in pro per Kim's motion to “vacate (cancel) judgment” pursuant to Code of Civil Procedure §473 and §473.5, Business and Professions Code §6077.5 and/or “Code of Civil Procedure §1788.62” is ruled on as follows....

Excerpt: ...rior to the scheduled hearing date. However, any defect in service is deemed waived by virtue to the opposition's failure to timely raise any objection based on a defect in service. Factual Background Plaintiff's 2/11/2015 complaint in this action asserts a cause of action for specific performance of a contract whereby plaintiff agreed to purchase and defendant agreed to sell at an agreed upon price certain real property located in Sacramento Cou...

Excerpt: ...r husband separated, he executed a quit claim deed transferring all of his interest in the property to plaintiff. A judgment of divorce was entered in March 2013, giving the property to plaintiff but it is alleged that she was subsequently coerced into signing a stipulation to sell the property and in July 2017, the ex‐husband obtained an order from family court directing the sale of the property. It is alleged that the prospective buyers offer...

Excerpt: ...(“Dr. Gonzalez”) in 2012 in Placer County Superior Court (the “Medical Malpractice Action”). Moving Defendants Baleria and Garberson represented Dr. Gonzalez and co‐defendant Advanced Medical Spa, Inc. in the Medical Malpractice Action. The Medical Malpractice Action was ultimately settled at mediation in 2017 and in connection with this settlement, the parties executed a confidentiality agreement and plaintiff executed a Release of All...

Excerpt: ...ndant ELG for breach of contract. Plaintiff alleges it and ELG were co‐counsel in connection with a workers compensation claim entitled Latham v. Vito Trucking and a third party claim entitled Latham v. Republic Services, et al. In 2015, plaintiff and ELG entered into a written fee agreement and cost sharing agreement which provided that attorney fees would be split equally. However, plaintiff asserts that ELG settled the third party claim for ...

Excerpt: ... Placer Title Co. (1994) 28 Cal.App.4th 503, 509‐511.) Provided that proof of timely, valid service of the moving papers is filed at or before the hearing, the following will become the tentative ruling of the court. Defendant in pro per Kim's motion to “vacate (cancel) judgment” pursuant to Code of Civil Procedure §473 and §473.5, Business and Professions Code §6077.5 and/or “Code of Civil Procedure §1788.62” is ruled on as follows...

Excerpt: ...earing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** At the outset, the Court must remind all counsel but especially plaintiff's that given the number of motions such as this which must be addressed on a daily basis, there are simply not enough judicial resources available to resolve each and every discovery dispute that could have and should have been resolved info...

Excerpt: ...inst Defendant on July 19, 2017, alleging breach of the implied warranty of habitability as to his apartment unit. At that time, he was represented by counsel. Plaintiff was then charged with two criminal counts and was taken into custody by Sacramento County. In his criminal proceedings, Plaintiff was adjudicated mentally incompetent to stand trial, pursuant to section 1370(a)(2) of the Penal Code. (ROA 27.) Plaintiff is currently residing at th...

Excerpt: ...er a motion for relief made after that period has elapsed. The six‐month period runs from entry of default, not entry of judgment. (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.) Here, Defendant's motion is untimely since he filed it years after default was entered, and the Court has no jurisdiction to rule on the motion. Although the Court has the inherent power to grant equitable relief based upon extrinsic mistake or fraud ...

Excerpt: ...ing to Maciora, Starrs signed "false" verifications to MEC Inc.'s responses to Special Interrogatories and Request for Admissions. The motion is DENIED since Maciora fails to proffer legal authority that an OSC may be entered in such a circumstance. Indeed, with respect to request for admissions, the proper procedure for an allegedly unjustified denial is a motion for sanctions after trial. (CCP §2033.420(a).) The minute order is eff...

Excerpt: ... since it appears that service is defective. This is an elder abuse action. Plaintiffs have named the above Moving Defendants and co‐defendant Laticia Peralez (“Peralez”) as defendants in this action. The Moving Defendants have filed answer. Peralez has not filed an answer. The caption of this motion as well as the notice of motion/motion identifies the Moving Defendants as the parties moving to compel arbitration. The notice of motion/moti...

Excerpt: ...") and the second in December 2017 for $410,000 relating to property on Walnut Avenue in Sacramento ("December Note"). According to the exhibits attached to the operative First Amended Complaint ("1AC"), it appears loans were made by AAJV to VPP with co‐defendant Johnny Estrada ("Johnny") and Africa Estrada ("Africa") each signing as a "managing member" of VPP and also each signing separate personal g...

Excerpt: ...on the Yuba River in Yuba County. Plaintiffs filed this action after the Department stopped a contractor hired by Plaintiff South Yuba Water District from performing excavation on the Yuba River. Plaintiffs filed the original complaint on June 28, 2018, and the first amended complaint on October 9, 2019. On March 29, 2019, the Court granted a special motion to strike the claims against Tina Bartlett and Nancee Murray. Defendants now move to recov...

Excerpt: ...efendant's 25 Undisputed Material Facts, plaintiff's 52 Additional Material Facts and/or defendant's 14 Additional Material Facts will be addressed 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. *** Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that the issue(s) presented for summary adjudica...

Excerpt: ... the tentative ruling but also to make plaintiff in pro per Clark available by telephone for the hearing. The tentative ruling issued in advance of the original hearing date is set forth below. The demurrer of defendant Steve White, Judge, to the complaint of plaintiff in pro per Clark is UNOPPOSED and is SUSTAINED without leave to amend, as follows. The complaint in this action is largely incoherent but appears to relate to plaintiff's prior cri...

Excerpt: ...t Perdue Foods, LLC's demurrer to Plaintiffs Esther Fay Suckle as Trustee of the Suckle 1999 Living Trust, et al.'s First Amended Complaint (“1AC”) is OVERRULED, as follows. The Notice of Demurrer does not provide the correct address for Dept. 53/54. Factual Background This is an action for breach of a purchase and sale agreement (“PSA”) between Defendant and Plaintiffs over Defendant's use of groundwater. Plaintiffs allege that in May 20...

Excerpt: ...o amend, plaintiff 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. *** Factual Background Plaintiff is a former student at a school in the SCUSD who now alleges that the latter and several of its employees violated her rights after learning she had been raped off campus by fellow students. It is alleged that plaintiff attempted suicide in June 20...

Excerpt: ...nto City Unified School District (“SCUSD”) who now alleges that the latter and several of its employees including defendant Molina violated her rights after learning she had been raped off campus by fellow students. It is alleged that plaintiff attempted suicide in June 2016, was hospitalized and later diagnosed with depression and post‐traumatic stress disorder as a result of the rape and her treatment by defendants, causing her to lose he...

Excerpt: ...motion matters. *** Plaintiff The California State Grange's (“Grange”) motion to compel further responses to Special Interrogatories is ruled upon as follows. Grange's request for judicial notice is granted. The Verified Complaint in this matter states a single cause of action seeking to avoid an allegedly fraudulent transfer of $80,000 from California Guild ("Guild") to Defendant Robert McFarland (“McFarland”). The Complaint alle...

Excerpt: ... as having been issued on January 10, 2019. The order was actually issued on December 10, 2018. (ROA 95). Plaintiff moves to set aside the order pursuant to CCP 411.20, claiming it is void because Fischer failed to pay the filing fee for the demurrer. The Court observes that the caption of the demurrer states "Exempt from Filing Fees pursuant to Government Code § 6103." Plaintiff claims that since Fischer is not a government employee, he...

Excerpt: ...o Exhibit B, which is not properly the subject of judicial notice under Evidence Code section 452. Sepanski's Request for Judicial Notice is GRANTED. As to both requests for judicial notice, the Court notes that the taking of judicial notice does require acceptance of the truth of factual matters that might be deduced therefrom, since in many instances what is being noticed, and thereby established, is no more than the existence of such acts and ...

Excerpt: ...during her residence at Ivy Ridge Retirement Home from June 22, 2018 to September 9, 2018, including pressure ulcers, dehydration, sepsis, pain, suffering, and emotional distress. On March 19, 2019, Defendants served seven deposition subpoenas for business records from (1) Green Belt Care Home, (2) UC Davis Medical Center, (3) UC Davis Medical Center‐ Patient Financial Services, (4) UC Davis Medical Center ‐ Radiology Department, (5) UC Davis...