Excerpt: ...laintiffs allege that Alfadel's relationship with FedEx commenced in 2008 when Alfadel obtained a position managing a FedEx shipping route belonging to a friend. Alfadel began buying FedEx delivery routes through his different corporations. Alfadel owns and operates several Sacramento‐based transportation businesses, including J&J. Plaintiffs allege that "[a] substantial portion, if not all, of Alfadel's revenue is derived from cont...

Excerpt: ...ll 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. *** Defendants Sacramento City Unified School District, Andrea Nava, Michael Kirkendoll and Yanely Hinojosa's (collectively “Defendants”) motion for summary judgment is ruled upon as follows. In this action, Plaintiffs Ahryah Ward (“Ahryah”), a minor,...

Excerpt: ...* Defendants Lawrence Lee ("Lee") and Equitech, Inc.'s ("Equitech")(collectively "Defendants") demurrer to Plaintiffs' second amended complaint ("SAC") is ruled upon as follows. This is an action for breach of fiduciary duty, fraud, constructive fraud, and conversion. Plaintiffs Robert Tellesen ("Tellesen"), J. Paul Muizelaar ("Muizelaar"), and Vogue Homes, Inc. ("VHI") (collectively...

Excerpt: ... similarly situated as provided by various provisions of the Labor Code pertaining to overtime compensation, rest periods, and so forth. Inter‐State is Plaintiff's former employer. Plaintiff alleges that he was an hourly, nonexempt employee from approximately June 2012 to approximately October 2014. Plaintiff further alleges that Defendant engaged in the various labor violation of California law with regard to him and his fellow employees such ...

Excerpt: ...of contract. On June 4, 2018, the Court sustained the demurer as to the Third and Fourth Causes of Action. In its tentative ruling, the Court noted that while Plaintiff had agreed to withdraw or dismiss the Third Cause of Action for negligent misrepresentation against the Doerings, no dismissal had been filed by the demurrer hearing date; accordingly, the demurrer to the Third Cause of Action was sustained without leave to amend. As to the Fourth...

Excerpt: ...malpractice. The Plaintiffs are Sarah Elkington (Sarah) and Erik Elkington (Erik) (collectively “Plaintiffs”). In the FAC, Plaintiffs allege that Defendants and others failed to treat Sarah's ulcerative colitis properly and caused her to suffer serious injuries, including a miscarriage, surgeries and conditions requiring life support. Plaintiffs allege that Erik was Sarah's fiancée, registered domestic partner or husband during the relevant ...

Excerpt: ...ult of authorizing The Public Safety & Rehabilitation Act of 2016 (“Proposition 57”). Proposition 57 added Article I, section 32 to the California Constitution, providing, in relevant part, that any state prison inmate convicted of "a nonviolent felony offense" shall be eligible for parole consideration after completing the full term for the inmate's primary offense. (Cal., Const., art. I, § 32, subd. (a)(1).) Plaintiff claims th...

Excerpt: ...could not with reasonable diligence have been presented to the court at or before the time of the 7/5/2018 orders denying plaintiff's motions to deem admitted and (2) even if he had, these alleged new or different facts or circumstances did not justify a different outcome on the earlier motions to deem admitted. Plaintiff appears to base the present motion for reconsideration on the fact that, despite the court's findings in the 7/5/2018 orders t...

Excerpt: ... documents concerning communications between Ellis Law Group, LLP and Frank Latham regarding the amount of money to be paid as attorneys' fees to Mastagni Holstedt, APC. Although entitled a “motion to compel further responses”, Mastagni is actually seeking to compel Ellis to produce certain items in its privilege log which it contends has been waived as expressed in the Court's 5/23/2018 Order. Ellis appears to have understood the motion as o...

Excerpt: ...t examinations of Plaintiff. The parties agreed that Plaintiff would submit to two psychiatric exams and one physical exam. At issue here is the psychiatric exam by Dr. Jason Roof. Plaintiff agreed to appear on July 26, 2018 for the exam. The parties further stipulated that “[b]ecause the doctors are setting aside time for the examination and testing, they will lose valuable time that can be scheduled for others in the event Plaintiff does not ...

Excerpt: ...ion of issues is DENIED as well. Overview In this personal injury case, Plaintiff Richard Green (Green) is suing the Club on theories of negligence and premises liability. The premises liability cause of action includes counts for negligent ownership, maintenance management and operation; willful failure to guard or warn against a dangerous condition, use, structure or activity under CC § 846; and dangerous condition of public property. Green al...

Excerpt: ... Daniel Yakushchenko. Yakushchenko's complaint against Valaga contains causes of action for general negligence and premises liability. According to Yakushchenko, he was helping Valaga carry branches on Valaga's property and suffered an eye injury. Yakushchenko has admitted smoking marijuana and drinking a beer several hours before he was injured. Valaga deposed Yakushchenko on 6/01/18. With respect to the following questions, Yakushchenko's couns...

Excerpt: ...s granted, it will assign counsel to Defendant Golden Eagle Logistics, Inc. (Golden Eagle), whether or not under a reservation of rights. Progressive appears to have had enough time to determine whether it must defend Golden Eagle and on what terms. * * * * * Progressive's motion for relief from default and default judgment is GRANTED. Overview This case involves allegations that cargo was damaged in transit. The plaintiff and judgment credit...

Excerpt: ...��The pecuniary value of the decedent's society, comfort and protection is recoverable, but mental and emotional distress, including grief and sorrow, are not”].) The motion of Defendants Sy Arden Way, LLC; Syufy Enterprises; SyWest Development LLC; SyWest Holdings, LLC; and Arden Way Hospitality LLC dba Motel 6 Expo Sacramento (sued as Arden Way Hospitality SPE, LLC and Motel 6‐CAL EXPO #4430) (collectively “Defendants”) to enforce s...

Excerpt: ...ong others, a cause of action for failure to pay overtime wages. It also contains a PAGA claim for civil penalties. The document requests currently at issue read: REQUEST FOR PRODUCTION NO. 1: Please produce, in electronic, Microsoft Excel spreadsheet format, all payroll records for the CLASS MEMBERS during the RELEVANT TIME PERIOD with anonymous numerical identifiers to protect privacy interests and the redaction of all personal information incl...

Excerpt: ...��(4). The declaration in opposition was not signed under penalty of perjury under the laws of the State of California, as required by Code of Civil Procedure §2015.5. The proof of service for the opposition papers fail to state the "exact title" of each document being served. Although defendant contends that plaintiffs failed to provide discovery responses pursuant to defendant's earlier motion to compel, it appears that plaintiffs did ...

Excerpt: ...n accordance with Code of Civil Procedure §1290.6 [response to petition to compel arbitration due within 10 days after service of petition] but was nevertheless considered. Although Code of Civil Procedure §1290 et seq. does not expressly permit “reply” briefs such as the one filed by OGS, it was considered. Factual Background This putative class action was filed on 4/17/2018 by plaintiff Wilson, alleging a variety of violations of the Labo...

Excerpt: ...de of Civil Procedure §2033.220. (Code Civ. Proc. §2033.280(c).) (Although the opposition indicates defendant's responses to the requests for admissions "are being filed [sic] concurrently with this Opposition," none appear in the court's file and none are attached to the opposition.) The opposition to this motion was not timely filed but it was nevertheless considered. Plaintiffs' electronic service of the moving papers on ...

Excerpt: ...ive for certain banned substances after taking a dietary supplement called Dexaprine XR. Defendants' motion for summary judgment is DENIED; their alternative motion for summary adjudication is GRANTED in part, and DENIED in part, as follows. Request for Judicial Notice Defendants' request for judicial notice is unopposed and granted. Plaintiff asks the Court to take judicial notice of three documents: (1) a criminal indictment, (2) a verified com...

Excerpt: ... “admits that all of the statements of the complaint [] are true,” except defendant states, “I had tried settling multiple times with loan me company.” (ROA 10.) Defendant's answer does not assert any affirmative defenses. On April 9, 2018, plaintiff filed a motion for judgment on the pleadings, arguing that the answer fails to set forth any facts that constitute a defense to the complaint. On May 8, 2018, the Court granted the motion wit...

Excerpt: ...��DOT”) for the real property located at 6008 Westbrook Drive, Citrus Heights, CA. (RJN Ex. 1.) Wells Fargo is the Loan servicer. (Compl. ¶3.) Plaintiffs defaulted on their Loan, and on October 18, 2016, Wells Fargo offered Plaintiffs a trial payment plan (“TPP”) for a modification of their Loan, which required three payments of $712.45. (Compl. ¶5, Ex. 1.) Plaintiffs allege that the TPP required Wells Fargo to establish an escrow account...

Excerpt: ... that Defendant failed to fix the Engine Defects within a reasonable number of attempts or replace the Vehicle. Plaintiff alleges that Defendant's failures to comply with its obligations under the Song‐Beverly Act were willful, and that she is entitled to civil penalties. On December 28, 2017, Plaintiff served Defendant with RFP's (Set 1) and a meet‐andconfer letter regarding Electronically Stored Information (“ESI”). (Gi Decl. Exs. 5, 7....

Excerpt: ...ntract, breach of fiduciary duty, elder financial abuse, and common counts. On December 7, 2016, Vorobets filed a Cross‐ Complaint against Espiritu, alleging two causes of action for (1) breach of contract, and (2) common counts. On January 23, 2018, Espiritu voluntarily dismissed his Complaint without prejudice in its entirety. After some further motion practice related to the dismissal, Espiritu ultimately filed his complaint as a separate ac...

Excerpt: ...f seeks damages for (1) past and future physical and mental suffering, (2) loss of enjoyment of life, (3) physical impairment, (4) inconvenience, (5) anxiety, and (6) emotional distress. (Compl. ¶8.) Plaintiff claims injury to various parts of her body, as well as memory loss, confusion, anxiety, irritability, inability to concentrate, insomnia, fatigue, sensitivity to light and noise, forgetfulness, mental fogginess, decreased cognitive ability...

Excerpt: ...ion is denied as to the First, Third and Fourth Causes of Action, and is granted as to the Second, as set forth below. Defendant's evidentiary objections are ruled upon as follows: Sustained ‐ 3, 4, 8, 10, 29, and 37; Overruled ‐ 1, 2, 5, 6, 7, 9, 11‐28, 30‐36. This action primarily stems from Plaintiff's disabilities related to his back, and the ongoing employment relationship between Plaintiff and Defendant as they both addressed Plaint...