Excerpt: ... DROPPED in part as moot. Dr. Klaisle's further motion for an order compelling a further written response to Document Request No. 19 is GRANTED. Background Facts/Procedure The court previously summarized this lawsuit as follows: This case presents a business dispute. The plaintiffs are Dr. Klaisle, M.D. and Deborah Klaisle M.D., a Professional Corporation… . The business in question is a “medical marijuana evaluations practice” (Practice). ...

Excerpt: ...mons and complaint and had no notice of this lawsuit until 7/28/2018, when she received plaintiff's application to renew the judgment against her. Specifically, defendant claims that personal service of the summons and complaint on the date listed in the proof of service did not occur because (1) the physical description found in the proof of service (35 year old female with brown hair, 5 feet 7 inches tall and 160 pounds) does not match defendan...

Excerpt: ...ed to comply with CRC Rule 3.1110(b)(4). The court notes that plaintiffs paid only one $60 filing fee in connection with this motion, although it seeks at least two (2) different orders (i.e., to compel compliance with prior order and to permit deposition after discovery cutoff). A separate filing fee is required for each. (Gov. Code §70617(f).) This lawsuit arises from a business transaction whereby plaintiffs purchased for $1.5 million the ass...

Excerpt: ...*** Cross‐defendant Department of Parks & Recreation's (“Parks”) demurrer to the First Amended Cross‐ Complaint (“1ACC”) of Fresno County Economic Opportunities Commission (“FEOC”) is SUSTAINED with leave to amend, as follows. Factual Background In 2004 FEOC was awarded a grant from Parks to construct a Neighborhood Youth Center (“NYC”) consisting of a gymnasium and an administration building. A contract memorializing the term...

Excerpt: ...oss‐ Petition to Correct or Vacate the Arbitration Award are ruled upon as follows. 1. Overview This is an action for fraud, negligent misrepresentation, negligent/intentional breach of fiduciary duty, breach of contract of the Amended and Restated Buy‐Sell Agreement, breach of contract of the Amended and Restated Shareholder Employment Agreement, breach of implied covenant of good faith and fair dealing, common count, and accounting Applebla...

Excerpt: ...ation and began receiving injections in his eyes. He alleges that [CPCC] compounded the injected drug‐‐Bevacizumab‐‐and sold it to [codefendant] Vitreo, which administered the injections. Bevacizumab is an “off label use of Avastin.” [Citation.] According to Gelso, he received an injection from a syringe that CPCC supplied and that was contaminated with silicone. The contamination allegedly damaged his vision. He alleges Vitreo knew a...

Excerpt: ...ant Perdue Foods, LLC's demurrer to Plaintiffs Esther Fay Suckle as Trustee of the Suckle 1999 Living Trust, et al.'s Complaint is ruled upon as follows. Overview This is an action for breach of a purchase and sale agreement (“PSA”) between Defendant and Plaintiffs over the Defendant's use of groundwater. Plaintiffs allege that in May 2011, Defendant's affiliate called “Petaluma Acquisition, LLC” (“Petaluma”) entered into a lease agre...

Excerpt: ...laintiffs are Mina Habal (Habal) and Rona Ayub (Ayub) (collectively “Plaintiffs”). Plaintiffs contend that the vehicle Habal was driving was struck from behind on the freeway. Ayub was Habal's passenger. Both Plaintiffs allege physical and emotional injuries. In their original, Judicial Council form complaint filed in October 2016, Plaintiffs only named Nathan G. Levinson (Levinson) as a defendant. Plaintiffs alleged that Levinson was liable ...

Excerpt: ...Pacific) is OVERRULED. Overview This case presents an employment dispute. The plaintiff and former employee is Nazareth Howard III (Howard), who is African‐American. Pacific is the defending employer. In the first amended complaint (FAC), Howard alleges that a fellow employee “called [him] a stupid ‘N‐word'” after he asked for assistance while learning to cut fish. (FAC, ¶¶ 10, 11.) Howard further alleges that he informed Human Resour...

Excerpt: ...nostic & Solutions, Inc. (Advanced Pain) (collectively “Defendants”) is SUSTAINED in part and OVERRULED in part. Overview This case encompasses employment disputes and a dispute between a patient and healthcare providers. The plaintiffs are Joanne Davis (Davis), Mariah Florez (Florez) and Mary Tovar (Tovar) (collectively “Plaintiffs”). Davis alleges that Defendants, as well as Co‐Defendant Derrick Mullin, R.N. (Mullin), provided her wit...

Excerpt: ...of ruling on this motion but is then reinstated to continue in effect until the arbitrator's filing of a statement of decision. Defendants' Evidentiary Objections to the Declaration of Malanga are sustained. This is a construction defect cause brought by a number of homeowner plaintiffs. Plaintiffs Willie and Robin Bailey (“Baileys”) are original purchasers while the remaining plaintiffs are subsequent purchasers. Plaintiffs filed thi...

Excerpt: ...laintiff was involved in a motor vehicle accident which resulted, in part, on his left leg being amputated. In his November 2016 discovery responses, Plaintiff asserted that he has been unable to use the prosthesis due to his back injury. Assuming that his back injury improves, Plaintiff contends that he will have to be refitted for another prosthesis in the future, which costs approximately $45,000. On 6/12/2018, the Court granted, in part, and ...

Excerpt: ...reement. (Engalla v. Permanente Medical Group (1997) 15 Cal.4th 951, 972.) "Once that burden is satisfied, the party opposing arbitration must prove by a preponderance of the evidence any defense to the petition.” (Sparks v. Vista Del Mar Child and Family Svcs. (2012) 207 Cal.App.4th 1511, 1517.) 2. Analysis Defendant moves to compel arbitration pursuant to the Mutual Arbitration Agreement (“Agreement”) which Plaintiff signed when she b...

Excerpt: ...thout prejudice. The motion is premature and is more appropriately addressed to the trial court as a motion in limine. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(A). Morrison's counsel is directed to contact Plaintiffs' counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Morrison's counsel is unable to contact Plaintiffs' co...

Excerpt: ...e Attorneys General Act (“PAGA”) claims. Defendants move on the grounds that (1) Plaintiff's individual claims are subject to final and binding arbitration pursuant to a valid and enforceable agreement between the parties to arbitrate; and (2) Plaintiff's purported representative PAGA claims are expressly prohibited pursuant to a valid and enforceable representative action waiver between the parties. In the alternative, if the Court finds the...

Excerpt: ...nts allege that the third cause of action is based on managerial actions that do not constitute harassment as a matter of law, and the claim does not allege sufficient facts demonstrating the harassment was severe and pervasive. Defendants' motion is ruled upon as follows. Plaintiff's TAC was filed on June 21, 2018, and alleges causes of action for disability discrimination, failure to accommodate, and harassment. Factual Background This case is ...

Excerpt: ...on the ground there was no valid service of summons and complaint. More specifically, defendant claims he did not reside at the address where the substituted service was allegedly made and that he never received actual notice of this lawsuit until he received notice of the judgment's renewal, which had been mailed to his mother's house. Analysis. At the outset, the court notes that although the filing of a proof of service may give rise to a “p...

Excerpt: ...f has served a notice for the deposition of defendant's PMK on 44 topics which correspond to each of defendant's 44 “purported” affirmative defenses. The notice also seeks all documents the “evidence, refer or relate to,” “support” and/or “negate” each of defendant's 44 “purported” affirmative defenses. Defendant now seeks a protective order preventing this PMK deposition from going forward on the ground that the protective or...

Excerpt: ...c). Factual Background This action arises from the marital dissolution proceedings between plaintiff and his wife. Plaintiff, a licensed attorney, for the most part represented himself while his wife was primarily represented by defendant DeCuir. It appears the dissolution proceedings in El Dorado County were rather contentious in numerous respects. Plaintiff's complaint filed on 3/5/2018 purported to allege against DeCuir only causes of action f...

Excerpt: ...“City”) demurrer to the First Cause of Action of the First Amended Complaint (“1AC”) is OVERRULED, as follows. Factual Background In this action plaintiff alleges that while she was physically incapacitated by an epileptic seizure and otherwise restrained for transport to the hospital, defendant Evans, a paramedic from the Sacramento Fire Department (“SFD”), made inappropriate remarks about and fondled plaintiff's breasts in the prese...

Excerpt: ...hinn's demurrer to Plaintiff Edith Montanez's complaint is ruled upon as follows. Defendant'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 American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36‐37 [trial...

Excerpt: ...and Dean Rose's (collectively “Defendants”) demurrer to Plaintiffs Ralph (“Ralph”) and Kirsten Richardson's (collectively “Plaintiffs”) first amended complaint (“FAC”) is ruled upon as follows. Plaintiffs' request for judicial notice is granted. Overview This action involves the sale/purchase of a home. Plaintiffs allege that in early 2013, the entered into an oral agreement wherein Defendants would purchase the property (“Prope...

Excerpt: ...in their role as Plaintiffs' financial advisor, induced them to invest their money in two faulty investments: (1) an oil well project that appears to have been a Ponzi scheme, and (2) the Donnelly Fund, which had already lost all its employees and was under investigation for fraudulent bankruptcy filings when Plaintiffs invested. Plaintiffs allege they lost a large portion of their retirement savings as a result of their faulty investments. As Pl...

Excerpt: ... and during her employment, she was exposed to hazardous chemicals on the job. Plaintiffs allege that as a result of her exposure, Seanne developed injuries to her internal organs, including multiple myeloma. Plaintiffs bring causes of action against Grafsolve and multiple other defendants for (1) negligence, (2) failure to warn, (3) design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. Grafsolve...

Excerpt: ...ed to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Department of State Hospitals (“DSH”), Mark Grabau and Heather Riis' (collectively “Defendants”) motion for summary adjudication of plaintiff's causes of action for disability discrimination and violation of the California Whistleblower Protection Act at Government Code §8547 et seq. (�...