Excerpt: ...t it entered into several contracts with Defendants which extended them a line of credit, and that Defendants breached the contracts by failing to pay approximately $1.7 million due and owing. American River RV filed for bankruptcy after this case commenced. On May 14, 2019, Plaintiff noticed Mr. Ahmad's deposition, and again noticed it on July 9, 2019. After Mr. Ahmad failed to appear on both occasions, Plaintiff filed a motion to compel his dep...

Excerpt: ...to provide legally complaint meal and rest periods, among other things. While this case was originally styled as a class action, Plaintiff has since decided to pursue only his claim arising under the Private Attorney General Act (“PAGA”) and has therefore dismissed the class action allegations from the operative complaint and all but the tenth cause of action arising under PAGA. On July 11, 2019, Plaintiff served Defendants with Special Inter...

Excerpt: ...ptember 26, 2019 Plaintiffs' counsel asserts that he provided notarized and signed copies of the releases and Centers for Medicare & Medicaid Services (“CMS”) information. (Id. ¶7.) Plaintiffs' counsel further asserts that Defendants were required to make payments within 30 days of the submission of the signed releases and CMS information, but have failed to do so. (Id. ¶¶6, 7.) As Defendants have failed to send the settlement check per th...

Excerpt: ...er counsel successfully moved to withdraw. Plaintiff then obtained new counsel, who represented her from March 12, 2019 to September 2019, at which time the he also successfully moved to withdraw. Plaintiff is now again in pro per, and trial is set for January 13, 2020. In light of the impending trial date, this matter has been set for hearing on shortened time. The parties engaged in a settlement conference with Judge Davidian on September 9, 20...

Excerpt: ... and criminal history. He argues these allegations are convoluted, irrelevant, and scandalous. (See MPA at pp. 3‐4.) Sepanski argues that these allegations are relevant to Sepanski's allegations of fraud and conversion. The Court agrees. Sepanski's allegations in her SAXC relate directly to her lengthy and tumultuous history with Masters, and provide relevant context as to how he was allegedly able to defraud her and convert her property throug...

Excerpt: ...gusta Legacy Properties, LLC's (“ALP”) demurrer to the crosscomplaint (“X‐C”) of defendants Epona Investment Group, LLC and Plaza Ave Apartments, LLC (collectively “Epona”) is ruled on as follows. Factual Background This is a subrogation action brought by plaintiff Mercury Insurance Company (“Mercury”) to recoup the expenses it incurred in connection with both the defense and settlement of habitability claims made against its in...

Excerpt: ...upon price certain real property located in Sacramento County, along with another cause of action for breach of contract wherein plaintiff alleges monetary damages of at least $50,000. This matter was ordered to arbitration effective 6/2/2016. On 11/17/2016, plaintiff filed a motion to enforce settlement which was ultimately denied on 12/19/2016 without prejudice. On 2/9/2017, plaintiff filed a second motion to enforce settlement which was denied...

Excerpt: ...rchase Agreement (“PA”) wherein he agreed to purchase a condominium from Defendant for the price of $162,900.The PA included a provision for a seller's credit of $12,000, which would be paid to Plaintiff at the close of escrow, effectively reducing the purchase price to $150,900. During Plaintiff's VA loan application process, time for close of escrow passed without funding. Plaintiff then filed a lawsuit in February 2015 for specific perform...

Excerpt: ...row, LLC dba Jungle Dirt (“Kong Grow”), Lopez Ag Service, Inc., Alfred Lopez, and Does 1‐50. Plaintiff alleges causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) negligence, (4) products liability ‐ design defect, (5) strict products liability ‐ manufacturing defect, (6) negligent products liability, (7) negligent misrepresentation, and (8) fraud. The Court notes that Defendants M...

Excerpt: ...g. The litigation coordinator shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. Typically, the hearing date would automatically be continued one week plus one court day for oral argument. However, the Court Holidays, the hearing date shall be continued to December 4, 2019. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall ma...

Excerpt: ...on of Labor Code §226 [requirements for itemized wage statements]. On 6/17/2019 DTE filed a petition to compel arbitration which Code of Civil Procedure §1281.7 permits to “be filed in lieu of filing an answer to a complaint.” Rather than challenging the enforceability and/or applicability of the subject arbitration clause on which TDE's petition to compel arbitration was based, plaintiff chose to file the 1AC on 6/25/2019. As explained in ...

Excerpt: ...e ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to Plaintiff within 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 Pla...

Excerpt: ...ranted in part and denied in part as set forth below. Plaintiff's concurrent motion for monetary sanctions in the amount of $2,310 pursuant to Civil Procedure Code sections 2023.010(d)‐(e), (i), 2023.020, 2023.030(a), 2030.300(d), and 2031.310(h), is denied. Church's request for sanctions is also denied. Plaintiff Gilbert Barrow filed a complaint against defendants Chinese Methodist Church and Sally Wong alleging causes of action related to an ...

Excerpt: ...es, Robert Coupe, and Mark Beadleston, is not opposed and is granted as set forth below. Ghilotti's motion for monetary sanctions pursuant to Sections 2023.010, subds. (d) and (h) and 2033.280, subd. (c) against counsel for the crossdefendants in the sum of $1,185.00 for the failure to timely respond to the Requests for Admission is granted. On June 12, 2019, Ghilotti Bros., Inc. served separate requests for admissions upon Cross‐ Defendants Li...

Excerpt: ...ccording to defendants, plaintiffs owed over $600,000 on their mortgage as of 2015 and have filed roughly 10 bankruptcy proceedings since 2010 in an attempt to stall the foreclosure process. Plaintiffs' first civil action was filed in 2016 and ended with a settlement in August 2017, wherein plaintiffs agreed they would not again file suit relating to their deed of trust or challenge foreclosure proceedings. The present action was commenced by Mr....

Excerpt: ...* Plaintiffs Valerie Sikich, et al.'s motion to compel defendant Caroline Kang, LLC dba Laguna Woods' further responses to Requests for Production, Set Two (“RFP”) is ruled upon as follows. Background This is an elder abuse action arising from the decedent Christine Patton's AugustSeptember 2017 stay at Laguna Woods, a residential care facility for the elderly (“RCFE”). Ms. Patton required help with various activities like getting in and ...

Excerpt: ... point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants SI Real Estate, Inc. (“SRE”) and Florin Bradshaw Investors, LLC's (“FBI”) (collectively “Defendants” or “Seller”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. The Court notes that in Plaintiff Kamar Singh's declaration in opposition to the mo...

Excerpt: ...and special interrogatories on 1/26/2018 and the latter subsequently obtained an extension which expired on 3/30/2018. Unverified responses to the interrogatories were served on 9/28/2018 and verified responses were served on 11/5/2018. On 12/6/2018 plaintiff sent a meet‐and‐confer letter which by its own terms was limited to the fact that defendant's responses impermissibly included objections which were previously waived by virtue of defend...

Excerpt: ... his complaint on 6/12/2017, and a first amended complaint on 10/22/2018. Plaintiff alleges that he joined the basketball team in September 2015. During practice, at huddles and conferences on the basketball court, Kayden N. and defendant coach Stephen Bunch (“Bunch”) would not only, condone, encourage, and allow, but actually also authorize, encourage, and "join in on", and openly engage in such sexual banter. He alleges that on Febr...

Excerpt: ...Buchanan), Michael Eyolfson, M.D. (Dr. Eyolfson), Michael Suk, R.N. (Nurse Suk), Vincent Lee, M.D. (Dr. Lee), David Keene, M.D., Kaiser Foundation Health Plan, Inc., The Permanente Medical Group, Inc. and Kaiser Foundation Hospitals (collectively “Defendants”) to the first amended complaint (FAC) is SUSTAINED in part and OVERRULED in part. Defendants' request for judicial notice filed with the moving papers is GRANTED. On its own motion, the ...

Excerpt: ...tten and that a copy of the agreement is attached to the complaint. The attachment, however, is a 1992 memorandum providing that Chua will receive $30,000 of Ganal's life insurance proceeds should he die. The attachment directs Ganal's wife to pay the $30,000 in life insurance proceeds. It also provides that Chua “has control over all personal properties inside [Ganal's] house.” Ganal asserts that he is alive and, therefore, that a condition ...

Excerpt: ...g Memorandum of Points and Authorities, DGS characterizes the current motion as follows: This is DGS's second summary judgment motion brought on grounds of design immunity under Government Code section 830.6. The Court denied the first motion finding DGS did not meet its initial burden of proof by attempting to establish facts through judicial notice. The order did not state the denial was with prejudice. DGS now submits a second motion based...

Excerpt: ...e request for a 60‐day continuance to permit discovery is DENIED. Defendants and opposing parties herein Raymond Sahadeo (Sahadeo) and Dhanraj Sahadeo (Dhanraj) (collectively “Defendants”) speculate that discovery in a different case might yield favorable information about the real property transfers that gave rise to this lawsuit. (See Opp. at 11:15‐12:11.) Given the speculative nature of the request, and given the waste Defendants appea...

Excerpt: ...32, 1033.5 and 2033.420 is GRANTED in part and DENIED in part. On its own motion, the court takes judicial notice of 99 Cents' 11/28/18 Moving Memorandum of Points and Authorities in support of its motion for summary judgment. The Clerk of the Court is directed to change the security clearance on the Declaration of James Pagliero filed on 11/28/18 so that it is not available for public viewing. The declaration contains unredacted social security ...

Excerpt: ...ears proper on its face. (Foothill‐ De Anza Community College Dist. v. Emerich (2007) 158 Cal.App.4th 11, 29‐30.) "If so, the burden is on the objecting party to show [the costs] to be unnecessary or unreasonable." (Id. [quoting Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131] [brackets in original].) Where costs are not expressly allowed by the statute, the burden is on the party claiming the costs to show that the charges were rea...