Excerpt: ...claims. For the reasons outlined below, the motion is continued to June 12, 2019 at 9:00 a.m. in this department. The Court notes that potentially confidential information, including banking information, has been repeatedly filed including, inter alia, as Exhibits A and B to the Declaration of Frederick S. Saul in support of the opposition to this motion, and this information has been viewable by the public since its filing. Counsel is reminded t...

Excerpt: ... brings the instant motion pursuant to Code of Civil Procedure section 2031.285 on the ground that CB&T's counsel inadvertently produced attorney‐client privileged email communications to Plaintiffs in response to Plaintiffs' request for production of documents, set one. CB&T then invoked section 2031.285's clawback procedure by serving a clawback request to Plaintiffs explaining the basis of CB&T's privilege claim. Plaintiffs failed to file CB...

Excerpt: ...cember 15, 2017, and served form interrogatories, requests for production, and requests for admissions on Defendants on June 22, 2018. Plaintiff thereafter agreed to an open‐ended extension for Defendants to respond to discovery in order to explore potential settlement. In early 2019, trial was scheduled for July 22, 2019. On February 20, 2019, Plaintiff's counsel's email response regarding scheduling mediation included the following: “Also, ...

Excerpt: ...r abuse and second cause of action for negligence fail to state facts sufficient to constitute a cause of action and are uncertain. Defendants' request for judicial notice is granted. Background Plaintiff filed her complaint on October 9, 2018, alleging causes of action for (1) elder abuse; (2) violations of the Patient's Bill of Rights; and (3) negligence. Defendants demurred to each cause of action, and the Court sustained the demurrer with lea...

Excerpt: ...stantial compliance with the Code of Civil Procedure. The motion is ruled on as follows. Factual Background This action arises from a motor vehicle accident that occurred in 2016. Plaintiff filed his lawsuit on December 15, 2017, and served form interrogatories, requests for production, and requests for admissions on Defendants on June 22, 2018. Plaintiff thereafter agreed to an open‐ended extension for Defendants to respond to discovery in ord...

Excerpt: ...y, Inc. (F&R). Overview This case involves the collection of worker's compensation insurance premiums. F&R is the defending employer and insured. The State Compensation Insurance Fund (SCIF) wrote the worker's compensation insurance policy in question, which covered F&R from 2/10/16 to 2/10/17. (See Undisputed Material Fact (UMF) 1.) F&R paid $91,163.66 under the policy, (UMF 3), but it did not pay the additionally billed amount of $53,335.91. (U...

Excerpt: ...tive ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. 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. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Overview This is a lemon law action arising from plaintiff's purchase of a 2011 Jeep Grand Cherokee nearly $43,500. Plaintiff...

Excerpt: ...ce 1986 and during her employment, she has been exposed to hazardous chemicals which have caused injuries to her internal organs, including multiple myeloma. Plaintiffs bring causes of action against multiple defendants including BSI for (1) negligence, (2) failure to warn, (3) design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. BSI demurs only to the fraudulent concealment cause of action. Pre...

Excerpt: ...production of documents (RFPs), and to compel further responses to form interrogatories and special interrogatories, is GRANTED in part and DENIED in part. ** The court anticipates that multiple additional, complex discovery motions will be filed in this PAGA action. The court anticipates that the number of documents to be reviewed, the objections and the assertions of privilege will make the inquiry inordinately time consuming. (CCP §639(e).) T...

Excerpt: ...matters. *** Defendant Bank of America, N.A.'s (“Bank”) demurrer to Plaintiff Reichelle Stallworth's first amended complaint (“FAC”) is ruled upon as follows. Bank's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First ...

Excerpt: ...n April 17, 2019, Defendant served a substitution of attorney, relieving its counsel representation, without retaining new counsel. Defendant now lacks legal representation. Plaintiff moves to strike the Answer and Cross‐Complaint on the grounds that Defendant is a corporate entity and thus cannot represent itself. However, the Answer and Cross‐Complaint were properly filed when Defendant was represented by counsel. Accordingly, grounds to no...

Excerpt: ...in 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be May 29, 2019, to participate in oral argument. Defendant Group X...

Excerpt: ...* Defendant California Department of Forestry and Fire Prevention's demurrer to plaintiff Confer's First Amended Complaint (“1AC”) is ruled upon as follows. Factual Background This action arises out of plaintiff's prior employment with defendant. Plaintiff was hired by the defendant department in early 2009. In 2013 she was involved in a motor vehicle accident which caused her some permanent disability and many absences thereafter. Ultimately...

Excerpt: ... or application to seal those documents lodged conditionally under seal on or about 4/22/2019, those documents lodged conditionally under seal will be filed and will thereafter by accessible by the public. These consolidated actions were settled at a settlement conference in February 2019 by a written agreement signed by the parties. The terms of the settlement were stipulated to remain confidential. According to the amended notice of motion file...

Excerpt: ...n separate claims denominated as causes of action, is premised on various allegations relating to an aborted foreclosure of plaintiff's home. Defendant CRC demurred to the complaint on the grounds the allegations were fatally uncertain and failed to plead facts sufficient to state a cause of action including that plaintiff's claims were barred by the statute of limitations, the privileges CRC is granted under California law, the fact that no fore...

Excerpt: ...or judicial notice is granted. Plaintiff's objections to the Declaration of Mariana Tiznado‐Bryant are OVERRULED. The Court need not rule on Plaintiff's objections to the Declaration of Steven Benjamin and the Supplemental Declaration of Mariana Tiznado‐Bryant since the Court did not consider the objected to evidence in ruling on the motion. The Court notes that Wellspace filed an oversized reply brief without prior Court approval. Fu...

Excerpt: ...ll be 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 Union Carbide Corp.'s (“UCC”) motion for summary judgment is ruled upon as follows. A. Overview This action is based on Plaintiff John Porter's exposure to asbestos in joint compound manufactured by Georgia Pacific and Kaiser Gypsum. He used...

Excerpt: ...pts the fact of their existence, not the truth 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 is an elder abuse and negligence action arising out of Plaintiff's residency at Defendants' retirement home from 6/22/2018 to 9/9/2018. Plaintiff alleges that at the time she was admitted to the facility, she suffe...

Excerpt: ...ere a party refuses to comply with an administrative subpoena, the head of the department may petition the Court for an order compelling compliance. Thereupon the Court can issue an OSC requiring the party to appear and show cause why it has not responded to the subpoena. (Gov't Code § 11188.) The relevant inquiry under Gov't Code § 11188 is whether the subpoena was “regularly issued” in accordance with §§ 11180‐11185. (Fielder v. Berke...

Excerpt: ...e Answers. Plaintiff opposes. (Opp'n at 1‐3.) Background This is a nonjudicial foreclosure case involving allegations of unfair competition. Trial is currently set to commence on 9/16/2019. Request for Judicial Notice Defendants' Request for Judicial Notice (“RJN”) (Register of Actions (“ROA”) 179, which attaches court records from a previous Sacramento Superior Court action involving these same parties, is unopposed and is GRANTED purs...

Excerpt: ...and moved out before the expiration of their lease due to structural damage, including roof and internal water leaks. Plaintiff initially named several communication companies, including AT&T and Pacific Bell as defendants. Plaintiff alleges that it entered into a lease with these companies related to the installation, operation, and maintenance of mobile/wireless communication services and equipment. Plaintiff filed its complaint on 9/26/2017. P...

Excerpt: ...or unions American Federation of State, County, and Municipal Employees, Local 3299 (AFSCME) and University Professional and Technical Employees, CWA Local 9119 (UPTE) (together, the “Unions”). On March 19, 2019 the Court granted PERB's motion for a Temporary Restraining Order (“TRO”), brought pursuant to Cal. Gov. Code §3563, subd. (i). The TRO enjoined the Unions from calling on 34 essential employees of UC to strike from May 7 to 10, ...

Excerpt: ... 4, 5, 7 and 9, and granted the motion as to these categories. The Court denied the motion as to the rest. The Court ordered Defendants to produce a PMQ on or before 2/28/2019. (ROA 137.) Plaintiffs attempted to meet and confer with Defendants regarding deposition dates. (Declaration of Vanessa Oliva, ¶¶ 11‐14.) Defendants did not respond to Plaintiffs' requests. (Id.) Plaintiffs filed the instant motion on 3/21/2019. In opposition, Defendant...

Excerpt: ...ners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured." According to White, "[t]he present litigation revolves around Localis Restaurant, which is a continuing profitable busine...

Excerpt: ...endants”) is ruled upon as follows. Defendants' request for judicial notice is granted. Overview This case presents a hybrid business dispute and attorney‐client dispute. Plaintiff Eric White (“White”) alleges that in 2015, he and others decide to start a restaurant enterprise in which numerous restaurants would be opened. At BLF's and Burton's advice, it was decided that WCH Development, LLC (“WCH”) would be established as the managi...