Excerpt: ...cute between February 11, 2014 and April 24, 2017. Defendants seek to compel this dispute to arbitration on the basis that Plaintiff signed arbitration agreements for arbitration of medical malpractice disputes and arbitration of disputes other than medical malpractice after the Decedent was admitted to Sacramento Post‐Acute. The arbitration agreements generally provide that any controversy arising out of or related to services rendered to the ...

Excerpt: ...B's request for judicial notice is granted. Plaintiff does not oppose the request. (Opp., p. 13:23‐14:6.) As to court records, the notice is limited as explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.)...

Excerpt: ..., unlawful retaliation, failure to prevent discrimination, harassment and retaliation, failure to pay wages, unlawful retaliation for demanding wages due to wrongful termination, defamation, assault, and battery. Plaintiff alleges that at all relevant times he was living in and performing work in the State of California. He further alleges he was employed by the ISS Defendants beginning in 2016, and by late 2017 was the ISS Defendants' only sales...

Excerpt: ...rth below. Defendant's request for counter sanctions is denied as the circumstances make the imposition of sanctions unjust. This is a personal injury action arising from a vehicle collision. On September 21, 2018, plaintiffs served notice of taking the deposition of defendant Carson, and a request to produce documents. The deposition was scheduled to proceed on October 9, 2018. Defendant served an objection on September 25 and 26, 2018. The obje...

Excerpt: ...multiple common counts, seeking damages in the amount of $22,842.29, and related relief. Defendant filed an unverified general denial setting forth several facts alleged to constitute affirmative defenses, including accord and satisfaction, bar of an arbitration clause, payment, setoff and violations of the Fair Debt Collection Practices act. WFB subsequently brought a discovery motion seeking to have specified requests for admissions to be deeme...

Excerpt: ...ck a parked vehicle in which Plaintiff Kent Taylor was sleeping. The vehicle driven by John Fabisiak was insured by defendant GEICO under its policy with Wannee Fabisiak, who was a passenger in the vehicle that struck Mr. Taylor parked car. In a handwritten complaint, utilizing Judicial Council form PLD‐PI‐001, Mr. Taylor has sued John Fabisiak, Wannee Fabisiak, and GEICO. The handwritten complaint is at times very difficult to read. Nonethel...

Excerpt: ...10 or CRC Rule 3.1110(a) and does not provide the correct address for Dept. 53/54. Although the notice of motion provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving party is directed to review the Local Rules, effective 1/1/2019. The proof of service filed on 4/9/2019 fails to comply with Code of Civil Procedure §1013a, requiring the “exact title” of each...

Excerpt: ...n October 2017. In the 1AC plaintiff alleges he was rear‐ended by a truck, causing his vehicle then to strike the one in front. After the accident plaintiff contacted his insurer to make a claim under the uninsured motorist provision for his policy. The insurer subsequently took a recorded statement from its insured and is alleged to have “made an internal decision that Plaintiff was liable for causing the accident.” Plaintiff retained coun...

Excerpt: ... the clerk and opposing counsel of the specific issues identified below and/or objections to evidence that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Defendants' counsel failed to comply with CRC Rule 3.1113(f). Factual Background This action arises out of a 2017 Inventory Security Agreement and Power of Attorney (“ISAPA”) bet...

Excerpt: ...fices of Mark R. Swartz, a corporation, (Swartz Law Firm) (collectively “Defendants") to strike the complaint pursuant to CCP § 425.16 is GRANTED in part and DENIED in part. In the future, defense counsel is directed to file any request for judicial notice separately from other documents. (See CRC 3.1113(l).) Overview This is a workers' compensation insurer's action for damages and imposition of a constructive trust after an insured's empl...

Excerpt: ...matters. *** Defendant Department of Fish & Wildlife and Tina Bartlett's ("Bartlett") (collectively “DFW”) demurrer to Plaintiffs' first amended complaint (“FAC”) is ruled upon as follows. DFW's request for judicial notice is GRANTED. Plaintiffs' opposition exceeds the 15 page maximum in violation of CRC Rule 3.1113 (d). They did not obtain permission to file a longer memorandum. (CRC Rule 3.1113 (e).) Plaintiffs also fail to incl...

Excerpt: ...nds that a misdiagnosis of cancer in her left breast was caused by contamination of her breast biopsy specimen with tissue from an unrelated patient, and resulted in an unnecessary bilateral mastectomy. Mercy San Juan Medical Center contends that there is no disputed issue of fact that Dignity Health employees at Mercy San Juan Medical Center had any causal connection with the contamination of plaintiff's biopsy sample. Plaintiff Berry does n...

Excerpt: ...explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.) For example, courts cannot take judicial notice of the truth of statements in transcripts or declarations even though they are part of the trial court re...

Excerpt: ...ng procedure and the manner to request a hearing. 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. Plaintiff's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a putative class and representative action brought by plaintiff against her employer. The 1AC purports to assert four causes of action for violation o...

Excerpt: .... *** Defendant NewRez LLC fka New Penn Financial, LLC dba Shellpoint Mortgage Servicing's (“SMS”) demurrer to the First Amended Complaint (“1AC”) is ruled upon as follows. The notice of demurrer does not provide notice of the court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner...

Excerpt: ...on law and motion matters. *** *** If plaintiffs request oral argument in an attempt to obtain leave to amend, they 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. *** Defendants' demurrer to the Third Amended Complaint (“3AC”) is SUSTAINED IN PART and OVERRULED IN PART, without leave to amend, as follows. Plaintiffs' counsel failed to comply...

Excerpt: ...ted on in Fair Oaks, California (“Property”). Juda Ann passed away in 2005, and the Property passed to Ronald. In 2007, Ronald married Mabel. He added Mabel to the title as a joint tenant in December 2007. Plaintiffs allege that at the time her name was added to the title, Mabel understood and agreed that she would receive only a one‐half interest in the property upon Ronald's death and that she held the other one‐half of the Property, re...

Excerpt: ...isayans”). On 5/5/2018, counsel for all defendants withdrew as counsel, explaining that his clients were not cooperating or meeting with him. On 9/5/2018, the Court granted Plaintiffs' unopposed motion to strike the answers of the Entity Defendants which were no longer represented by counsel. The Sisayans are acting in pro per and have been without counsel since 5/5/2018. Plaintiffs move for terminating sanctions for the Sisayans' failure to co...

Excerpt: ...titor. Defendant Robert Coral (“Coral”) is Serpentarium's president and CEO. (Serpentarium and Coral are collectively referred to herein as “Defendants”). In 2016, Plaintiff filed a misappropriation of trade secrets action against RoachKing, LLC and other individuals (collectively “RoachKing”), for a design for a colony used to breed dubia roaches for sale to reptile owners and pet stores, and for theft of dubia roaches. In 2017, the ...

Excerpt: ... drip and micro‐ drip irrigation products throughout the United States. (FAC, ¶ 5.) Jain's trade secrets and proprietary information include its customer identities, marketing plans, financial information, business strategies, vendor and contact information, pricing details, products in development and manufacturing processes. (Id., ¶ 7.) In 2006, Jain's predecessor in interest hired Hardigree as a sales manager. (FAC, ¶ 11.) Hardigree recei...

Excerpt: ... matters. *** Defendant A. Teichert & Son, Inc.'s (“Teichert”) demurrer to Plaintiff Martin Davalo's first amended complaint (“FAC”) is ruled upon as follows. Teichert's request for judicial notice is GRANTED. This is a putative wage and hour class action. Plaintiff worked as a cement mason. Teichert demurs to each cause of action on the ground that the Collective Bargaining Agreements (“CBAs”) entered into between Plaintiff and Teich...

Excerpt: ...ve an opportunity to file a reply brief, as a reply was due April 3, 2019. Plaintiff moves for attorney's fees in the amount of $103,933.75 and requests a lodestar enhancement of 0.5 in the amount of $51,966.88, for a total of $155,900.63 in attorney's fees. Plaintiff also seeks costs and expenses in the amount of $20,495.42. This is a lemon law action. On November 28, 2011, Plaintiff purchased a new 2011 Jeep Grand Cherokee (the “vehicle”) f...

Excerpt: ...led this action on 8/17/2018. Defendant answered the complaint on 11/8/2018. (ROA 27.) Plaintiffs moved for a trial preference under CCP §36(b). The Presiding Judge granted the motion and trial is currently scheduled for July 2, 2019. According to Defendant, its counsel from Lewis Brisbois Bisgaard & Smith LLP ("Lewis Brisbois") filed an answer to the complaint. On 1/9/2019, Collins Collins Muir + Stewart ("CCM+S") associated in ...

Excerpt: ... Tymoshenko is granted. Defendants' Request for Judicial Notice is granted. Defendants' Evidentiary Objections are sustained. Plaintiff's Evidentiary Objections are overruled. Defendants bring this Motion pursuant to Code of Civil Procedure Section 473(b) and (d), as well as this Court's inherent powers, on the grounds that Plaintiff obtained entry of default against Defendants without serving any Defendant with a Summons or Compl...

Excerpt: ...sented them beginning in or about June 2009. The Yeagers breached their fee agreement in July 2009 and this led to Defendants filing in Nevada County a Limited Jurisdiction action in 2010, resulting in a judgment in favor of Defendants. The Yeagers, acting in pro per, filed an appeal of the judgment but it was ultimately denied in late 2012. In early 2013, the Yeagers commenced this action against Defendants in Nevada County Superior Court but in...