Excerpt: ...s are GRANTED. In taking judicial notice, the court accepts the existence of the documents and the existence of their contents, not the truth of their contents. Procedural Background This court previously summarized this case as follows: This case follows… [Michaels] promotion and subsequent demotion while employed by Co‐Defendant CalPERS. Michaels' allegations in the… [FAC] are somewhat extensive. Relevant for present purposes are allegati...

Excerpt: ...Plaintiff alleges she has suffered wage loss, loss of use of property, hospital and medical expenses, general damage, and property damage. On February 11, 2019, Plaintiff served her Written Exchange of Expert Trial Witness Information and Expert Witness Declaration. Plaintiff listed five expert witnesses, including Michael Boroff, BM. In her “Expert Witness Declaration” Plaintiff declared that Dr. Boroff is a psychologist who has been working...

Excerpt: ...n part with leave to amend, OVERRULED in part and DROPPED in part as moot. Overview Plaintiff Rachel Thoene (Thoene) alleges that she is one of Town Hall's real estate agents. (Town Hall allegedly does business as Keller Williams Realty Fair Oaks, a separately named defendant.) Peek is alleged to be Town Hall's CEO and one of its directors. According to Thoene, she provided fellow Town Hall agents with certain education and coaching services in e...

Excerpt: ... as PennyMac Loan Services, Inc., (PennyMac) is SUSTAINED in part and OVERRULED in part. PennyMac's request for judicial notice of a recorded deed of trust is GRANTED. Overview In the second amended complaint (SAC), Plaintiff Nabil Samaan (Plaintiff) alleges that he owns multiple residential properties, which he purchased with loans serviced by PennyMac and others. The servicers report Plaintiff's mortgage payment information to Co‐Defendant Eq...

Excerpt: ...intiff Michael J. Widner (“Widner”) is granted in part and denied in part as set forth below. Widner's Request for Judicial Notice is granted. 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 Af...

Excerpt: ...material fact. *** Plaintiff Krystle Tash's Motion for New Trial challenging the granting of defendants The Permanente Medical Group, Inc. (“TPMG”) and Sue Matchell's Motion for Summary Judgment (“MSJ”) is DENIED. Factual Background Plaintiff's Complaint. This action arises out of plaintiff's employment with defendant TPMG, which began in 2006. Plaintiff alleges that starting around 2010 her supervisor, Sue Matchell, engaged in conduct al...

Excerpt: ...CCP 473.5), and the default is void. (CCP 473(d).) The Amended proof of service indicates that Maki was served via substitute service on 6/21/2018 at 9:26 a.m. The service was made at 10385 Atwood Rd. Auburn, California 95603. "John Doe" was "Drop served", he was aged 45‐50, 5'8", weighed 225+ lbs, bald, and white. The service was made by Shawn Sardia ("Sardia"), a registered California process server. According ...

Excerpt: ...�in pro per plaintiff's failure to bring this 2013 action to trial within five years is UNOPPOSED and is GRANTED, as follows. Plaintiff commenced this action on 2/20/2013, seeking damages for personal injuries. Defendant now moves for mandatory dismissal of this 2013 action pursuant to Code of Civil Procedure §583.310 and §583.360 since plaintiff failed to bring this action to trial within five (5) years. Coupled with the lack of opposition whi...

Excerpt: ...is GRANTED. There is a substantial probability that Plaintiffs will prevail on a claim for punitive damages pursuant to CC § 3294. Plaintiffs have produced Martin's own deposition testimony as well as other evidence to substantiate the following summary of Martin's alleged conduct: This case arises from attorney Hiram M. Martin taking $130,000.00 from foreign clients…on the false representation Martin had the expertise and experience to succes...

Excerpt: ... The motion of Defendants Gary Mitchell (Mitchell) and Mitchell & Mitchell Insurance Agency, Inc. (Agency) (collectively “Defendants”) for summary judgment or, in the alternative, summary adjudication of issues is DENIED. Plaintiff Patricia Blank's (Blank) request for judicial notice (RJN) of the original complaint in this case is unopposed and granted. Overview This case presents a business dispute. Blank alleges that Mitchell induced her an...

Excerpt: ...matters. *** Defendants Capstone Home Services, LLC dba Simplicity Elderly Living (“LLC”) and Nathan Ciric's (collectively “Defendants”) demurrer to the complaint is SUSTAINED with leave to amend, as follows. Plaintiff's counsel failed to comply with CRC Rule 3.1113(f). Factual Background In a convoluted, unnecessarily long and contradictory pleading, the elderly plaintiff alleges in Paragraph 3 that on 8/18/2016 she “was getting into b...

Excerpt: ...d/or the court's equitable power to remedy extrinsic fraud in service of summons and to quash service of summons is ruled on as follows. The notice of motion does not provide the correct department or the time for hearing of this matter, which is 9:00 a.m. in Dept. 54 and not 2:00 p.m. in Dept. 53. Moving defendant is directed to contact opposing counsel and advise him/her of the correct department and the time for hearing of this matter. If movi...

Excerpt: ...motion matters. *** Defendants William Porter and Porter Law Group's motion to strike portions of the First Amended Complaint (“1AC”) is GRANTED IN PART and DENIED IN PART, as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Background This action arises out of moving defendants' prior legal representation of the two plaintiffs, both of which are corporations. The 1AC purports to assert causes of action for legal...

Excerpt: ...tribution systems and consists of a computer, relays, fuses, and controls. The TIPM provides the primary means of voltage distribution and protection for the entire vehicle." (Complaint, para. 13.) Thus, the TIPM "fails to reliably control and distribute power to various vehicle electrical systems and component parts." (Complaint, para. 15.) The complaint asserts causes of action for Breach of Express Warranty, Breach of Implied Warra...

Excerpt: ...two others, unduly influenced decedent, Leon Reynoso Flores, to execute two grant deeds on or about October 4, 2011, which transferred title to two properties owned solely by Leon to Defendant Joseph and Defendant John as joint tenants, thereby wrongfully obtaining Leon's intestate estate property after Leon's death on June 5, 2013. Plaintiffs also allege that the defendants unduly influenced Leon to execute a Durable Power of Attorney fo...

Excerpt: ...sed 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 Steve Madden Retail, Inc.'s motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is a putative wage‐and‐hour class action. The sole named Plaintiff is Evyanne Phelps (now Bella). The complaint ...

Excerpt: ...ion matters. *** Defendant Elica Health Center's (“EHC”) demurrer to Plaintiff Karen Freeman's first amended complaint (“FAC”) is ruled upon as follows. This action arises out of Plaintiff's employment with EHC, which terminated plaintiff in October 2017. Plaintiff alleges that Slavic national origin employees were the highest represented ethnic group of employees at EHC and occupied a large amount of managerial positions and seats on...

Excerpt: ...ithout prejudice. Plaintiffs oppose the motion arguing that there is no evidence that Tahereh Jarchi signed the arbitration agreement, personally agreed to arbitrate claims, or that Behjat Jounami had lawful authority to sign the agreement on behalf of Tahereh Jarchi' . Plaintiffs also argue that if the arbitration agreement is compelled against less than all plaintiffs the division of claim would create the potential for inconsistent rulings. Al...

Excerpt: ...district representative with the HCD. Her job duties mainly involved inspecting mobile homes and mobile home parks for compliance with housing standards. On September 11, 2014, plaintiff went out on leave for injuries to her shoulder, back and hip, that she claimed occurred because of the driving involved in her duties. She worked part time that month, and her last day at work was September 30, 2014. Plaintiff filed a workers' compensation cl...

Excerpt: ...Greyhound Lines, Inc. Plaintiffs submit that the settlement is fair, reasonable, and adequate as to all class members and should be approved by the Court. Appearance required. While the Court's ruling tentatively indicates that it will grant preliminary approval of the class action settlement as requested in general, including provisional certification, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. A...

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: ...on protective order brought by Defendants Vibra Hospital of Sacramento, LLC (Vibra), Vibra Healthcare, LLC and Vibra Holdings One, LLC (collectively “Defendants”) is GRANTED. Overview This is an elder abuse / wrongful death case. Plaintiffs are Decedent's surviving family members. Vibra is a hospital, not a skilled nursing facility. In their complaint, Plaintiffs allege that Decedent suffered a pressure ulcer while in Defendants' care. Plaint...

Excerpt: ...ED in part and OVERRULED in part. Langshaw's request for judicial notice of court documents is GRANTED. Overview This case follows entry of a money judgment against plaintiff herein Arthur Scott Dockter (Dockter) in 1998. In his first amended complaint (FAC), Dockter alleges that the judgment creditor in the underlying case sold its rights as judgment creditor to “Alliance Financial.” He alleges that Langshaw purported to renew the judgme...

Excerpt: ...sel of the specific “matters for examination” and/or document requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion 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 Rul...

Excerpt: ... as follows. The notice of motion does not provide the correct address for Dept. 53/54. Factual Background HCD commenced this action against Center and other defendants alleging six causes of action including breach of contract, breach of the implied covenant of good faith and fair dealing, money had and received, money paid, and accounting. HCD alleges that it entered into contracts with Center, a non‐ profit corporation, to operate and mainta...