Excerpt: ...rs until his involuntary termination on or about November 20, 2020. (Complaint ¶ 17.) Plaintiff's last position was Team Lead and Plaintiff was 55‐years old at the time of termination. (Complaint ¶ 17.) On or about February 22, 2019, Plaintiff suffered a workplace injury resulting in a disabling hernia condition that required modified duty for Plaintiff. (Complaint ¶ 18.) While on modified duty, Plaintiff's supervisor, Ryan Smith, forced Pla...

Excerpt: ...dant Board of Trustees of the California State University's (“Board”) demurrer to Plaintiff Angela Sutherland's third amended complaint (“TAC”) is ruled upon as follows. Overview This is a FEHA disability, gender, age discrimination, harassment, retaliation, and failure to accommodate action. Plaintiff also asserts associational disability discrimination, harassment and retaliation due to her daughter's and sister's age, gender and disabi...

Excerpt: ...nt to CCP §425.16. (ROA 152, 8/4/2021 Order.) In denying the antiSLAPP motion, this Court found that Parker failed to satisfy his threshold burden to show that Plaintiffs Freidberg Law Corporation and Freidberg & Parker, LLP's (collectively “Freidberg”) Third Amended Complaint arose from protected activity. In so ruling, this Court concluded that Parker had not established that O&C Creditors Group, LLC v. Stephens & Stephens XII, LLC (2019) ...

Excerpt: ...ar degeneration and began receiving injections in his eyes. He alleges that dismissed defendant California Pharmacy and Compounding Center, Inc. (“CPCC”) compounded the injected drug‐‐Bevacizumab‐‐and sold it to Defendant, which administered the injections. Bevacizumab is an "off label use of Avastin." According to Defendant, he received an injection from a syringe that CPCC supplied and that was contaminated with silicone. The contam...

Excerpt: ...local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background In this putative class action plaintiff alleges that defendant City supplied and distributed “aggressive, corrosive, and substandard water” which caused properties plumbed with copper piping to experience “pinhole leaks” beginning in July 2020. The 1AC purports to assert five causes of action against City for negligence, nuisance, breach...

Excerpt: ... not the same as the caption on the original complaint. Plaintiffs' counsel is advised that the caption on the original complaint is the caption which should appear on all subsequent pleadings and this caption ordinarily does not change even with the subsequent addition or dismissal of parties. In addition, it appears that plaintiffs have over the course of this litigation added a number of new defendants but have not utilized the Doe amendment p...

Excerpt: ... Bank and gave a Deed of Trust (“DOT”) as security for payment of the loan. In 2014 plaintiffs obtained a modification of their loan, which modification included a variable interest rate that would adjust annually in August of 2019 through 2023 with the first adjusted payment being due on September 1 of each of those years. In 2018 the loan was assigned to US Bank and in 2019 Mr. Singleton filed for Chapter 13 bankruptcy protection. While the...

Excerpt: ...d. This action was initiated by Plaintiff as a borrower on multiple mortgage loans secured by real property located in Sacramento, California. Plaintiff financed the purchase with a first position mortgage loan in the amount of $275,000, secured by a Deed of Trust (the “Senior Lien”) that was recorded on or around June 9, 2006. (Complaint ¶ 12, Exh. A; RJN, Exh. 1.) Plaintiff later obtained a secondary loan in the amount of $30,000 secured b...

Excerpt: ...ue, Sacramento, CA 95820 (the “Property”). Ms. Gines is the sole member of Prestige. Ms. Gines contends the Property is her principal residence and home. According to Defendants (defined below), the Property is a commercial investment property. On or about October 16, 2018, defendant PS Funding, Inc. (“PS Funding”) and Ms. Gines entered into a Loan Agreement, whereby PS Funding agreed to Loan, and Ms. Gines agreed to borrow, certain sums ...

Excerpt: .... Plaintiff Wendy Maciel filed a PAGA‐only action in San Diego County Superior Court on September 9, 2020. Plaintiff René Palacios filed a PAGA‐only lawsuit in Riverside County Superior Court on May 21, 2019. During the course of informal discovery, all three plaintiffs agreed to participate in a joint mediation session to try to achieve a global resolution of all claims. (Sansanowicz Decl. ¶ 17.) The parties reached a compromise after medi...

Excerpt: ...Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true].) The Court notes that the documents were immaterial to the Court's ruling on this Demurrer. This action for premises liability, wrongful death, and negligence arises out of the robbery and murder of decedent, Trevor Solari, at The Eleven Hundred Apartment property located in Sacramento, CA. The inciden...

Excerpt: ...rst Amended Complaint that alleges claims for (1) failure to pay all overtime wages, (2) meal period violations, (3) rest period violations, (4) waiting time penalties, (5) wage statement violations, (6) unfair competition, and (7) PAGA penalties. Defendants deny the allegations, but the parties have been able to reach a compromise after mediation with David Perrault, Esq. on April 2, 2021. Although the mediation did not end with an agreement to ...

Excerpt: ...Overview Plaintiff seeks to compel Barnum's answers to the following two virtually identical deposition questions: 1. So is it your belief that the asset purchase agreement identifies a transfer of the website to you? 2. Mr. Barnum, is it your belief that the asset purchase agreement transfers ownership of the website to you? This lawsuit includes a mix of legal malpractice claims against a law firm and attorneys not party to this motion and busi...

Excerpt: ...nd”), Bio Matters, LLC (“Bio Matters”), and Global Consortium Group (“GCG”) filed objections to the subpoena and an opposition to this motion. This action was filed on June 22, 2020. As of this hearing, there have been eight motions to compel filed, one motion for protective order and to appoint a discovery referee, and two motions to compel subpoena compliance. Of these, six are pending before the Court, one was denied in part and gran...

Excerpt: ...ial Facts and which of the opposing defendants' 25 Additional Material Facts will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐existence of a triable issue of material fact. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the corr...

Excerpt: ...osing party of the specific causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Other than for purposes of satisfying the meet‐and‐confer requirements of Code of Civil Procedure §430.41, the Court considered neither the Collins Declaration filed in support of the present demurrer (along with its 100‐plus pa...

Excerpt: ...scovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a personal injury action arising out of a trip‐ and‐fall at a Chevron gas station. The complaint alleges in Paragraphs 8‐9 that plaintiff tripped on a “curb/parki...

Excerpt: ... OSP's request for judicial notice of the files and records in this action and in Sacramento County Superior Court, case numbers 34‐2018‐00239612 and 34‐2018‐ 00239618 is unopposed and granted. Factual and Procedural Background This action arises from the fractured relationship between the Trust and OSP, and specifically OSP's manager, Roger Duke (“Duke”). The Trust has a 65% ownership interest in OSP, with 65% voting rights. Duke has...

Excerpt: ...ts director, Nicolas Maduros (collectively, “CDTFA”) on its sole cause of action for declaratory relief. The City's Complaint seeks a judicial declaration that: (1) Measure L, Resolution No. 20‐027, Resolution No. 20‐040, and Ordinance No. 21‐002, and each of them, are legally valid and enforceable; and (2) CDTFA bears a statutory duty to contract with the City to administer Measure L, Resolution No. 20‐027, Resolution No. 20‐040, a...

Excerpt: ...posed and granted. Factual and Procedural Background The City's Complaint seeks a judicial declaration that: (1) Measure L, Resolution No. 20‐027, Resolution No. 20‐040, and Ordinance No. 21‐002, and each of them, are legally valid and enforceable; and (2) CDTFA bears a statutory duty to contract with the City to administer Measure L, Resolution No. 20‐027, Resolution No. 20‐040, and/or Ordinance 21‐002 to impose the tax voters intend...

Excerpt: ... disposition of the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is no...

Excerpt: ...or Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff filed this action on September 21, 2020, alleging that on or about August 24, 2018, he was assaulted by one of Best Buy's security guards while shopping at a Best Buy store located at 1901 Arden Way, Sacramento, CA 95815. Plaintiff's original Complaint alleges several purported causes of action, which appear to include the following...

Excerpt: ...cember 6, 2016, as to which Stillwater paid at least $1 in policy benefits, and whose actual cash value indemnity payment for repairs to the structure was decreased as a result of depreciation of one or more components of the structure that are not normally subject to repair and replacement during the useful life of the structure including but not limited to range hoods, countertop subdecks, cabinets and cabinet components, drywall, drywall textu...

Excerpt: ...d motion matters. *** Defendants the Pi Kappa Alpha International Fraternity, Inc. (“PIKE”) and Theta Tau Chapter of the Pi Kappa Alpha's (“Chapter”)(collectively the “Fraternity Defendants”) demurrer to Plaintiffs William Molina and Donna Goles' (collectively “Plaintiffs”) second amended complaint (“SAC”) is ruled upon as follows. The Fraternity Defendants' request for judicial notice is granted. In taking judicial notice of ...

Excerpt: ...ction settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244...

Excerpt: ...y Valenzano dba Plumbing Service Co.'s motion to compel further responses to discovery is ruled upon as follows. In this action, Plaintiff alleges that Valenzano was performing plumbing services at 1414 E Street, Sacramento, CA, a property owned by SMUD, when he caused a fire that spread to Plaintiff's property. Valenzano seeks to compel Plaintiff's further responses to request for admissions (set one), form interrogatories (set one), and request...

Excerpt: ...posing party and advise opposing party of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving party is unable to contact opposing party prior to hearing, moving party is ordered to appear at the hearing by Zoom or by telephone. Factual Background This lawsuit appears to be the next chapter of a longstanding feud between the parties which dates back to at least the early 2000s, when EMI obtaine...

Excerpt: ...l counsel are reminded that the Court's CCMS system allows the public to electronically access and view all pleadings and documents once they are filed unless the Court orders otherwise. Thus, it is imperative for counsel to appropriately redact all pleadings and documents before filing. If plaintiff and/or defendant desire to shield such personal information from the public's view, either may promptly file an appropriate motion to seal such reco...

Excerpt: ...oved as directors and evicted from the garden. On September 9, 2021, Plaintiff Moore served the subject demand for inspection with an inspection date of October 14, 2021. Plaintiff Moore seeks to inspect plots A11 (the “Rental Plot”) as well as FB, F3, and F12 (collectively the “Food Bank Plots”). The inspection demand states in relevant part: "[T]he inspection and photograph/video taking will include the contents of each listed growing b...

Excerpt: ... 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. *** Factual Allegations This action arises out of Allstate's handling of a claim submitted by plaintiffs under their homeowner's insurance policy. Plaintiffs allege their home sustained fire damage in September 2019 and they subsequently filed a claim with Allstate but Allstate “denied Plaintif...

Excerpt: ...relationship, negligent interference with economic relationship, intentional interference with prospective economic advantage, negligent intentional interference with prospective economic advantage, intentional interference with contractual relationship, and civil conspiracy. The Complaint was filed by William D. Burger, Jr. and Caitlyn M. Hobbs of Strongin Burgner, LLP. Defendant has a special motion to strike set to be heard on November 3, 2021...

Excerpt: ...dant moves on the ground that Plaintiff has failed to appear for her deposition as detailed below. In June of 2020, Defendant requested to take Plaintiff's deposition. (Ritton Decl. ¶ 13, Exh. I.) After Plaintiff's counsel did not provide a definitive date, defense counsel unilaterally noticed Plaintiff's deposition for August 12, 2020. (Ritton Decl. ¶ 3, Exh. D.) According to Plaintiff's counsel, prior to setting the deposition, he had request...

Excerpt: ... the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not re...

Excerpt: ... of medical information. Plaintiffs allege that on July 25, 2009, at a civil harassment restraining order hearing, information about Ms. Bacco‐Scribner's June 23, 2019, emergency room medical treatment at MMC was disclosed. (FAC ¶ 11.) The FAC alleges MMC performed an audit that revealed defendant Jennifer Croff, Lead Officer Administrator of Pacific Medical, Inc., wrongfully accessed Ms. Bacco‐Scribner's medical records using the Epic porta...

Excerpt: ...nd repair history. Plaintiff filed the Complaint on June 11, 2021, alleging the following causes of action: (1) violation of Consumer Legal Remedies Act § 1750 et seq.; (2) fraudulent misrepresentation; (3) negligent misrepresentation; (4) negligence per se, Vehicle Code § 11713; (5) violation of California Penal Code § 496; (6) violation of Business Code §§ 17200 et seq.; and (7) claim on statutory bond. Defendant demurs to each cause of ac...

Excerpt: ...tiff Michael Giambona's second amended complaint (“SAC”) is ruled upon as follows. This action arises out of Plaintiff's 2018 purchase and subsequent use of a Shiatsu Massage Pillow, which is alleged to have caused Plaintiff to suffer a stroke and various other injuries. Defendant demurs to the intentional misrepresentation (COA 3), negligent misrepresentation (COA 4), and concealment (COA 5) causes of action on the ground that Plaintiff fail...

Excerpt: ...ants Bruce Edward Foggy (“Foggy”) and Martha Tufo's (“Tufo”)(collectively “Defendants”) demurrer to Plaintiffs Helen Darbison (“Darbison”) and Ellie Longanecker's (“Longanecker”)(collectively “Plaintiffs”) complaint is ruled upon as follows. Trial is scheduled for 1/11/2022. Overview This is an elder abuse action. Plaintiffs allege that Darbison is over 65 years old. After undergoing a total right hip Arthroplasty, Darbiso...

Excerpt: ...font size and line‐ spacing requirements set forth in CRC Rules 2.104 and 2.108 in an apparent attempt to circumvent the 15‐page limitation found in CRC Rule 3.1113(d). Plaintiff and her counsel are advised that future filings which do not comply with the applicable Rules of Court may be stricken. Factual Background Plaintiff, an employee of a child day care center, brings this action for malicious prosecution against defendant, alleging defe...

Excerpt: ... Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from plaintiff's employment with City, where she began working in 2014. The 1AC purports to assert 11 separate causes of action (“COA”) consisting of harassment and discrimination based on both age and gender; retaliation under both the Fair Employment and Housing Act (“FEHA”...

Excerpt: ...osing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Specially appearing Cross‐Defendant Roger Duke's motion to quash service of summons of Michel J. Orradre and Mary F. Orradre as Trustees of the 1988 Orradre Revocable Trust dated April 26, 1988 (“Cross‐Complainants”) Cross�...

Excerpt: ...the account number ended in 1005 (the “Account”) on October 28, 2019. Defendant agreed to be bound by the terms and conditions set forth in the card member Agreement when Defendant applied, for received, or used the Account. In addition, the card member Agreement provides that use of the card constitutes acceptance of the agreement. After Defendant received the credit card, purchases were made by the use of the Account and charging of various...

Excerpt: ...ff Onte Burns‐Robinson's (“Plaintiff”) motion for relief from stay, dismissing the Plaintiff's class claims without prejudice, and granting Plaintiff leave to file a Second Amended Complaint (“SAC”) is GRANTED as follows. On January 28, 2021, this Court granted Defendant's motion to compel arbitration ordering Plaintiff to arbitrate his wage and hour individual claims, while staying his class and representative PAGA claims pending the r...

Excerpt: ...nterest community known as Eskaton Village in Grass Valley ("Village"), which includes 267 housing units, of which 130 are owned separately by individual homeowners. These 130 individually‐owned single family residences are referred to as the "Patio Homes." The remaining 137 units are located on a parcel that contains a Lodge" with 137 rental apartment units that are mixture of assisted living and independent living apartments. On November 19, ...

Excerpt: ...tters. *** Defendant Isaac Tillman's (“Tillman”) demurrer to Plaintiff Shane Kennedy's first amended complaint (“FAC”) is ruled upon as follows. This action relates to an action filed by Dalila Fontana (“Fontana”). Tillman has filed a concurrent demurrer to Fontana's first amended complaint. (See Item # 10.) In this action, Plaintiff alleges that Tillman was his direct supervisor from May 2016 until 2019. In November of 2017, Plaintif...

Excerpt: ... issue in this lawsuit. (SAC ¶¶ 5 & 26.) Plaintiff alleges that HMA runs and advertises a certification program in which its used vehicles are certified by HMA‐ authorized retailers as being in pristine condition (“CPO Program”). (SAC ¶¶ 16‐17.) HMA advertises that: “Each Hyundai Certified Pre‐Owned vehicle must meet age and mileage requirements, have a clean title verified by CARFAX®, and pass an extensive 173‐point mechanical...

Excerpt: ...x and disability based employment dispute. As relevant to this litigation, Plaintiff worked for CHP as a Data Processing Manager I from 2014 until Plaintiff was demoted in 2019. (FAC ¶ 7.) Defendant/non‐moving party Isaac Tillman (“Tillman”) was Plaintiff's supervisor and a Division Chief for CHP. (FAC ¶ 12(a).) Plaintiff alleges that all defendants were the agents and employees of each of their co‐defendants and were acting in the cour...

Excerpt: ...otify responding party immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact responding party prior to hearing, moving counsel is ordered to appear at the hearing. Defendants' request for judicial notice of Court Orders in other actions is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Profe...

Excerpt: ... Exhibit A (a Court Order on a motion for summary judgment in a separate action filed in the Los Angeles County Superior Court), the court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [�...

Excerpt: ...s commenced on July 24, 2019, by the Attorney General of California on behalf of the People of this state. The complaint generally alleges that MAF, identified as a California Nonprofit Public Benefit Corporation, and the individual defendants engaged in a variety of wrongdoing including breaching fiduciary duties, self‐ dealing, engaging in deceptive and misleading solicitations, and violating applicable statutes and regulations. On April 2, 2...

Excerpt: ...al., in the U.S. District Court, Eastern District of Tennessee, Case No. 4:16‐cv‐00117‐HSM‐CHS, is granted. In taking judicial notice of these documents, the Court accepts 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 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (20...

Excerpt: ... 4th Avenue, Sacramento, California (the “Property”). Plaintiff and Defendant participated in a Mandatory Settlement Conference on January 30, 2019, in Department 59 and executed a written “Stipulation for Settlement Code of Civil Procedure Section 664.6; Order” (the “Stipulation”). An Order was signed by Judge Davidian that same day. (ROA 23.) Pursuant to the Stipulation, Defendant was to sell the Property and pay Plaintiff $12,000 f...

Excerpt: ...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. *** Plaintiff Citizens Insurance Company of America's (“CICA”) motion for summary judgment, or in the alternative, summary adjudication against Defendant American Economy Insurance Co. (“AEIC”) is DENIED. CICA's and AEIC's requests for judicial notice ar...

Excerpt: ...e addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record 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(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Factual Background This action was commenced on ...

Excerpt: ...l Notice Plaintiffs' Request for Judicial Notice is granted as to Exhibit 5, Plaintiffs' Second Amended Complaint. The Court declines to take judicial notice of the other exhibits because they were not relevant to the Court's determination of this motion. Overview This is an action between neighbors. Defendants' property sits 15‐20 feet above Plaintiffs' property to the north on a hill. Plaintiffs allege that “[Defendants] Wills have taken ad...

Excerpt: ...able to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The opposition fails to comply with CRC Rule 3.1113(f). Overview This is a lemon law action arising from plaintiff's purchase of a 2018 Jeep Cherokee. Plaintiff, represented by The Barry Law Firm, filed suit in June 2019 and ultimately agreed in July 2021 to accept defendants' Code of Civil Procedure §998 offer of $27,00...

Excerpt: ...ffs' 1AC advances against several defendants causes of action for medical malpractice, negligent hiring/supervision, negligent infliction of emotional distress and intentional infliction of emotional distress (“IIED”) based on conduct occurring in the spring of 2020, when plaintiff Leslie White was suspected to have suffered a heart attack. In pertinent part, the 1AC specifically alleges in the “Factual Allegations” section the following ...

Excerpt: ...t August 22, 2017, Cross‐Complaint entered into a commercial lease agreement with Lakeside for property in Folsom, CA. On or about January 15, 2018 and February 2, 2018, Cross‐Defendant Kenneth Roebbelen (the sole owner of Lakeside) physically visited the premises, yelled at Cross‐Complainant's employees, threatened Cross‐Complainant's employees, and threatened to throw property out on the curb. Cross‐Defendants also harassed Cross‐Co...

Excerpt: ...epresents the Patient Portal to be secure but when a person uses the Patient Portal, Sutter discloses certain information about such use to Facebook, Google, and other third parties. For example, Plaintiffs allege that upon signing into the Patient Portal, Sutter discloses the fact of the sign in and each patient's personally identifiable information to Facebook, Google, and Crazy Egg. (2AC, ¶¶ 5b, 8.) Once signed‐in, if a patient clicks to v...

Excerpt: ...that the asset purchase agreement identifies a transfer of the website to you? 2. Mr. Barnum, is it your belief that the asset purchase agreement transfers ownership of the website to you? This lawsuit includes a mix of legal malpractice claims against a law firm and attorneys not party to this motion and business‐related claims against Barnum and two other defendants. White alleges that in 2015, he and others decided to start a restaurant ente...

Excerpt: ...oyers: CVS Caremark, MBLOX, and Globetrend Consulting. (Opp. 4:17‐18.) DHCS also states that it has withdrawn the subpoena served on MBLOX because the company informed DHCS that it had no responsive records. (Curran Decl. ¶ 2.) DHCS does not state whether it has in fact withdrawn the subpoenas issued to Adobe, Xinet North Plains, Chela Financial Resources, or Sentry Alarm Systems as well. Therefore, based on the statements in DHCS's Opposition...

Excerpt: ...s the Patient Portal to be secure but when a person uses the Portal, Sutter discloses certain information about such use to Facebook, Google, and other third parties. For example, Plaintiffs allege that upon signing into the Patient Portal, Sutter discloses the fact of the sign in and each patient's personally identifiable information to Facebook, Google, and Crazy Egg. (2AC, ¶¶ 5b, 8.) Once signed‐in, if a patient clicks to view allergies, a...

Excerpt: ...undefined or are ambiguous, etc., such objections are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3.1352, 3.1354.) The Court does not rule on Defendant's objections to evidence filed in support of the reply as they were related to evidence that was not considered or otherwise material to the Court's adjudication of the motion pursuant to CCP § 437c(q). This action arises from an incident that occur...

Excerpt: ...endant”) purported failure to pay overtime and minimum wages, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, and failure to reimburse expenses. Plaintiff further alleged Defendant's policies and practices resulted in unfair competition and violated PAGA. Defendant denies the allegations, but the parties have been able to reach a compromise. Settlement Class Definition Plaintiff...

Excerpt: ...ce of the trial payment plan (the “TPP”) and loan modification documents on the ground that the SAC references the documents extensively, but fails to attach said documents to the SAC. Plaintiffs object on the grounds that the documents are subject to reasonable dispute and the SAC does not rely upon the terms stated in the documents. Defendant's request for judicial notice is granted as the SAC references the documents throughout and, theref...

Excerpt: ...ed 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 Hume Lake Christian Camps, Inc.'s (“Hume Lake”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. The court considered Hume Lake's reply although it was filed one day late. I. Overview This is a personal i...

Excerpt: ...ndants") Plaintiff contends Defendants were negligent in that they rented the property to a dangerous tenant. On 9/23/2021, the court tentatively denied Defendants' motion for summary judgment, and took the matter under submission. The ruling remains under submission. No trial is scheduled. Plaintiff moves to amend his complaint to strike out the following allegations: "19. Plaintiff is informed and believes that Defendants knew or should have kn...

Excerpt: ...matters. *** Plaintiff Michelle Watterson's (“Watterson”) motion to compel further responses to request for production of documents is ruled upon as follows. This is a personal injury action arising out of Plaintiffs Michelle Watterson, Christian Martinez, Barbara Coulombe and Kathleen Le's alleged exposure to hazardous chemicals on 5/11/2016 while working at a laboratory at California State University at Sacramento. Plaintiffs filed suit in ...

Excerpt: ...false light, intentional infliction of emotional distress, violation of civil rights and invasion of privacy. According to the complaint, the events giving rise to these causes of action generally occurred between December 2019 and September 2020. In August 2021 plaintiff's counsel issued a records subpoena to Kaiser Permanente asking for “All medical records reflecting the mental health of [defendant] Singh…generated between…January 1, 202...

Excerpt: ...is requested notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel is advised that where discovery responses (as opposed to further responses) are sought, the discovery requests need not be included with the moving papers. Proof of the discover...

Excerpt: ...t will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This is an action for breach of two promissory notes. Plaintiff Williams alleges that in May 2009, defendant S360 Holdings, LLC entered into the first promissory note in the amount of $500,000 which was secured by a Deed of Trust on the property that was being fin...

Excerpt: ...l Allegations On or about October 2017, Plaintiff was hired to work for Employer and ultimately worked as a Licensed Broker Service Representative. (Complaint ¶ 10.) On or about June 2020, Plaintiff had a high‐risk pregnancy and informed her supervisor that she was pregnant and would require pregnancy disability leave due to her high risk pregnancy. Plaintiff's supervisor instructed Plaintiff to request her disability leave through Defendant's...

Excerpt: ...ime/caps pursuant to Cross‐Complainant's company policy. Prior to holding the role of Financial Manager/Financial Controller, Byrd was CrossComplainant's Human Resources Manager and was largely responsible for drafting Cross‐Complainant's policy on vacation time and accrual rates. (First Amended CrossComplaint (“FAXC”) ¶¶ 4‐5.) Between March 2020 and September 2020, Byrd intentionally paid herself more than the allowed accrual rate fo...

Excerpt: ...n Cross‐Complainant Janak K. Mehtani (“Mehtani”) and Cross‐Defendant Raj Sharma (“Sharma”) and a lease agreement between CrossComplainant Town and Country West G.P. (“Lessor”) and Cross‐ Defendant Eden Gardens Center, LLC (“Lessee”). Mehtani is the managing partner of Lessor and Sharma is the CEO of Lessee. Joint Venture Agreement On or about March 31 through April 2, 2018, Sharma and Mehtani entered into a written joint ven...

Excerpt: ...able at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06 (B). Defendant in Pro Per Krystina Maurer's Motion for Summary Judgment is GRANTED as follows. Overview In September 2018, the time of the incident that forms the basis of this lawsuit, Plaintiff's son and Defendant were going through divorce proceedings and living separately. At the time of the inciden...

Excerpt: ...ntact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff Jeanie Larson's motion to quash six deposition subpoenas is ruled upon as follows. Request for Judicial Notice Defendant's request for judicial notice of the first amended complaint and answer filed i...

Excerpt: ... motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. This action arises out of damage suffered to plaintiff Erica Gonzales' (“Plaintiff”) vehicle when it struck several parked cars. Plaintiff was not driving the vehicle at the time of the accident. Plaintiff filed her Complaint on June 16, 2020, alleging the follow...

Excerpt: ...&S to release the mechanics' lien. (ROA 1.) ProFrame moves to compel arbitration pursuant to the Purchase Order Agreement (the “Purchase Agreement”) the parties entered into on February 10, 2021. The Purchase Agreement is for ProFrame to supply roof trusses to a work of improvement known as The Mansion Apartments located at 700 16th Street and/or 1517 H Street, Sacramento, CA 95811 (the “Project.”) (Withee Decl. ¶ 2, Exh. 1. (Purchase Ag...

Excerpt: ...nd motion to declare the Yeagers vexatious litigants follows this Court's prior ruling of September 26, 2018, which found the Yeagers to be vexatious litigants. (ROA 125.) In support of the prior motion, 14 of the Yeagers' prior litigations were submitted. This Court found eight of those satisfied the vexatious litigant statute, and because that exceeded the five required by CCP § 391(b)(1), held there was “no need to consider” the remaining...

Excerpt: ...s admitted related to Defendant's Request for Admissions, Set Two is DENIED as follows. At the outset, moving counsel is reminded that, in the future, multiple discovery motions should not be combined into a single motion. This motion seeks multiple forms of relief regarding four separate forms of written discovery, each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is pre...

Excerpt: ...f Evidence in Support of Plaintiff Zaka Vera's Motion for Order Compelling the Deposition of Jerry Mina, including Exhibits H and R, filed with this Court on or about March 24, 2021.” (ROA 288.) Plaintiff's request is granted insofar as the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that thos...

Excerpt: ...it account with Plaintiff. On January 5, 2021, the Court granted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he was driving a motor vehicle at the time of the incident, that he failed to drive with reasonable care, that he was the sole cause of the collision with the insured, that he caused the vehicle to be involved in a co...

Excerpt: ...��MKI”), dba Precision M.D. Cosmetic Surgery Center (“Precision”) and Mahmoud Khattab ("Khattab") (collectively “Plaintiffs”) allege that Defendants formed a joint plan to defraud and deceive MKI. Plaintiffs allege that MKI employed licensed and experienced plastic surgery medical staff, but Precision is now operated by another medical doctor, and the practice of medicine and all medical personnel are supervised by this doctor. MKI curr...

Excerpt: ... motion for summary judgment. (ROA 53.) On 7/28/2021, Plaintiffs dismissed the action without prejudice. (ROA 65.) Defendant filed its memorandum of costs on 8/17/2021. (ROA 69.) Defendant seeks a total of $9,021.35 in costs. Legal Standard “[T]he Legislature enacted Code of Civil Procedure section 1033.5, to expressly define the term “costs” as used in Code of Civil Procedure section 1032, the principal statute governing the right of a pre...

Excerpt: ...ssed 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/Cross‐Defendant Norman S. Wright Mechanical Equipment Corp.'s (“NSW”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is an action involving the construction of the Hampton Inn, a fo...

Excerpt: ...ing 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. *** Defendants Matheson Postal Services, Inc. (“MPSI”) and Darrel Cowan's (“Cowan”) (collectively “Defendants”) motion for summary judgment against Plaintiffs Jason (“Jason”) and Robert Jaffe's (“Robert”) (collectively “Plaintiffs”) complaint is ruled upon as fo...

Excerpt: ...ntiff alleges that in about 2017 and 2018, Plaintiff, and Defendants Zhong and Xie entered into discussions concerning the possibility of a joint enterprise of cultivation cannabis in Mendocino County, California. (Complaint, ¶ 12.) Plaintiff, Zhong and Xie agreed that if properties could be located and a license obtained for cultivation cannabis in Mendocino County, Plaintiff, Zhong and Xie would each own thirty‐ three 1/3 each of the enterpr...

Excerpt: ...Rule 3.1110(b)(1). All of the reply papers fail to comply with CRC Rule 3.1110(b)(1) and (3)‐(4). Factual Background This lawsuit arises out of a September 2020 contract whereby FTP agreed to construct a pool for defendants, who in turn agreed to pay for the pool. The parties agreed to a first addendum to the contract in early November 2020 and a second addendum in January 2021, with the latter calling for a final payment of roughly $12,500 fro...

Excerpt: ... correct address for Dept. 53/54. 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 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 by Zoom or by telephone. Factual Background According to the 2AC, plai...

Excerpt: ... 1.06, and does not provide the correct address for Dept. 53/54. 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 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 by Zoom or by telephone. Both the movin...

Excerpt: ....1110(a). Factual Background This personal injury action arises out a 2017 motor vehicle accident. Trial was originally set to commence in 2019 but it has been continued several times. Relevant here is the most recent trial date of 7/12/2021, before which the parties made their initial expert designations on 5/24/2021 and based on this date, the parties' supplemental designation of experts, if any, were due on or before 6/14/2021 (since 6/13/2021...

Excerpt: ...n action was commenced on 8/2/2019 and on 1/21/2020, plaintiff filed a proof of service which avers that substituted service of summons & complaint was effected on defendant Scurlock on 1/15/2020 at 3257 12th Avenue in Sacramento. More than a year later plaintiff filed on 5/5/2021 a request for entry of default and default judgment against defendant Scurlock. Default was entered the same date, with a default judgment for just over $4,000 later en...

Excerpt: ...ll as business entities At Home Electric and Heath v. Fulkerson LLC and files this their Complaint against Albert & Mackenzie, Jeremiah Brasher, and The Hartford, and in support thereof would show the following to wit: That the Plaintiff, Heath V. Fulkerson, is an adult resident citizen of Lassen County, California, and that said Plaintiff is licensed to do business and is doing business in the State of California. That the Defendant, Albert & Ma...

Excerpt: ...s exiting the mini mart he was distracted by large bright colored marketing posters placed at or near the gas pumps. Plaintiff took two steps off the curb and tripped on an unpainted wheel stop parking block. On May 17, 2021, Plaintiff served his Request for Production of Documents, Set One on Defendant. On July 16, 2021, Defendant served its responses. Thereafter, the parties exchanged meet and confer correspondence but were unable to resolve th...

Excerpt: ...ubject property from January 11, 2014 until June 28, 2018. (FAC ¶ 12.) After Plaintiffs moved in, Plaintiffs noticed the following defective conditions: (1) non‐functioning electrical outlets; (2) sewer problems; (3) construction dust; (4) faulty air‐conditioning unit; (4) termite damage; (5) biological contaminants due to water intrusion; and (6) insufficient weatherproofing. (FAC ¶¶19‐32.) Plaintiffs allege they were not aware of the d...

Excerpt: ...ion and disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”) and whistleblower retaliation in violation of the Labor Code and Health and Safety Code. (ROA 49.) Plaintiff alleged she was retaliated and discriminated against based upon her uterine fibrosis and that she was fired because she reported a patient safety event. On July 29, 2021, the Court granted Defendant's motion for summary judgment. (ROA 203.) D...

Excerpt: ...led her Complaint on December 14, 2020. Defendant filed a demurrer, which was granted on May 20, 2021. (ROA 19.) Plaintiff filed her FAC on June 1, 2021. The FAC alleges that Defendant discriminated and retaliated against her in violation of the Americans with Disabilities Act (the “ADA”). Plaintiff alleges that she developed drug induced Dermatomyositis and drug induced Chronic Fatigue Syndrome. (FAC ¶ 2.) Plaintiff alleges she was employed...

Excerpt: ...oon”) joinder is denied. Greenspoon proffers no legal authority that a joinder is appropriate here, especially given that Greenspoon was dismissed from this action on May 29, 2018. (ROA 30.) The notice of hearing does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct time or department for the hearing on this matter. Moving counsel is directed to contact Plaintiffs' couns...

Excerpt: ..., alleging a number of claims under FEHA, including: (1) sexual orientation discrimination; (2) sexual harassment; (3) race discrimination; (4) disability discrimination; and (5) wrongful termination. Plaintiff alleges she suffered severe emotional distress, humiliation, and mental anguish and seeks punitive damages. Defendant's counsel sent a meet and confer letter on July 7, 2021, regarding the issue, but did not follow‐up and never received ...

Excerpt: ...ises from an alleged assault and battery that took place in the street in front of property owned and rented out by Moving Defendants. Plaintiff contends Moving Defendants were negligent in that they rented the property to a dangerous tenant. Moving Defendants seek summary judgment or adjudication on the ground that they did not owe any duty to Plaintiff for an assault that occurred in a public street between Defendants' tenant (defendant Bryan H...

Excerpt: ...ollows. Defendants' request for judicial notice of the Church's Articles of Incorporation filed with the Secretary of State is granted. Plaintiff filed action on July 17, 2020. On April 22, 2021, the Court sustained Defendants' demurrer to the Complaint on all grounds, but granted Plaintiff leave to amend. Plaintiff filed her FAC on April 30, 2021. (ROA 24.) The FAC continues to assert a single cause of action for breach of trust pursuant to Corp...