Excerpt: ...ttorney's fees and cost incurred in bringing the special motion to strike as to the fraud and IIED claims only. Defendants seek an award of $26,610 in attorney's fees and $1,250 in costs incurred in preparing the underlying anti‐SLAPP motion (only as to the two causes of action upon which they succeeded) and this instant motion for fees and costs. A prevailing defendant on an anti‐SLAPP motion is entitled to recover his or her attorneys' fees...

Excerpt: ...aintiff's own counsel, who was to start a trial on the date the deposition was to proceed. Plaintiff's counsel apparently did not notify crossdefendant's counsel of the cancellation. This court finds that before beginning the drive from Loomis to Pleasant Hill, counsel for cross‐defendant should himself have contacted counsel for either defendant or plaintiff to confirm whether plaintiff's deposition was still proceeding as sche...

Excerpt: ...vehicle accident which resulted in the death of two people, Jason Christopher Keating and Judy Ann Townsend. The latter's adult children and heirs commenced on 5/1/2017 this wrongful death action against the “Estate of Jason Christopher Keating” and the employer of Mr. Keating, PDQ Automatic Transmission Parts, Inc. Plaintiffs filed on 7/27/2017 a proof of service indicating that the “Estate of Jason Christopher Keating” was served by del...

Excerpt: ...case arises indirectly from a dispute between a national fraternal organization (“National Grange”) and individuals formerly operating its subordinate, constituent unit in the State Grange. On April 5, 2013, the National Grange revoked the State Grange's charter and restored it, under new leadership, in July 2014. The revoked State Grange has changed its name to “The California Guild.” (“Guild”). Considerable litigation ensued bef...

Excerpt: ...nty Superior Court Case No. 2015‐183885 (the "Underlying Action"). In the Underlying Action, multiple homeowners are proceeding against Plaintiff, the developer/general contractor on the project. In the instant case, Plaintiff alleges the homeowners' claims are predicated on defects for which various subcontractors are responsible. Plaintiff further alleges that it is an additional insured under its subcontractors' general liabi...

Excerpt: ...s. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). The Court notes that defendant in pro per Lulka filed no opposition to the present motion, which is construed as a concession of its merits. Coupled with the fact that the court on 6/14/2018 deemed admitted those matters specified in plaintiff's requests for admissions, this court concludes that the striking of defendant Lulka's answer to complaint will not under the circumstanc...

Excerpt: ... point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Martin Energy Group Services, LLC's (“MEGS”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This action arises from the construction of an electrical power and cogeneration facility for plaintiff Elk Grove Milling, Inc. (“Elk Grove”). Elk Grove...

Excerpt: ...r cross‐complaint, Grigsby alleges that they entered into independent contractor agreements with cross‐defendants Alfiya Laub ("Laub") and Adelia A. Bogdanova ("Bogdanova"). The agreements included a non‐solicitation agreement in the event the agreements were terminated. The agreements also included confidentiality clauses. Grigsby alleges that Laub and Bogdanova terminated the agreements and began working for Di Paolo. Grig...

Excerpt: ...strict (District) would be require to produce to testify on these categories. Although counsel are required to appear at the hearing (either in person or by telephone), if either side wishes to argue matters other than those identified in the preceding paragraph, (s)he shall request such additional oral argument pursuant to Local Rule 1.06 and inform the court and opposing counsel of the specific issue(s) on which oral argument is sought. * * * *...

Excerpt: ... was Lagoe's employer's workers' compensation insurance carrier and provided benefits to Lagoe after the accident. In 2008, Lagoe underwent hip‐replacement surgery related to the accident. He subsequently sued nonparties for damages arising from the hip replacement (the “Lawsuit”). At that point, AAIC's claims administrator filed a notice and application for lien. Tristar acquired the claims administrator in 2012. In 2017, Lagoe settled the...

Excerpt: ...he exhibit, title, page, and line numbers.” (Underline added for emphasis.) Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including all declarations) with a table of contents when evidence exceeds 25 pages. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐ (4). This action arises out of the shooting of plaintiff's son during a 2015 confrontation with police. Plaintiff alleges causes ...

Excerpt: ...or judgment on the pleadings as to the complaint of plaintiffs in pro per Singh is GRANTED but with leave to amend, as follows. Factual Background According to the complaint, plaintiffs in pro per were unable to qualify for a home loan due to their low credit scores and therefore asked for help from “their beloved nephew,” defendant Kumar. Defendant agreed to help, obtaining in 2014 a loan to purchase property in Galt which plaintiffs would u...

Excerpt: ...sonnel Board's (SPB) Decision Approving Stipulation for Settlement dated 9/13/16 is GRANTED. In taking judicial notice, the court accepts the existence of the document and the existence of its contents. Plaintiff Gabriel Santos (Santos) alleges that after graduating from a California Commission on Peace Officer Standards and Training (POST) academy in 2011, he became a peace officer. Santos served Cal Fire between 2011 and 2016. In 2015, Cal Fire...

Excerpt: ...e and/or dismiss all named Respondents and Real Parties in Interest. On 12/8/2017, Petitioner filed an Amended Ex Parte Writ of Mandate/Prohibition, Amended Petition for Injunctive/Declaratory Relief with Memorandum of Points and Authorities in support of Writ of Mandate/Prohibition; Amended Civil Case Cover Sheet; Amended Notice, and Amended Forma Pauperis Declaration (collectively referred to as "Amended Petition"). On 5/19/2017, Judge ...

Excerpt: ...** Defendant Roman Catholic Bishop of Sacramento's (“Bishop”) demurrer to plaintiff's First Amended Complaint (“1AC”) is SUSTAINED, with and without leave to amend, as follows. The opposition and reply papers failed to comply with CRC Rule 3.1110(b)(1), (3) and (4). Factual Background This 2017 action arises out of defendant Martis' sexual abuse of plaintiff who was at the time a student at St. Francis Catholic High School (“SFHS”), a...

Excerpt: ...nk's demurrer to the complaint, which contained causes of action for wrongful foreclosure, violation of B&P Code § 17200, violation of CC § 2923.6 [dual tracking], and violation of 12 USC § 2605 et seq. [federal lending disclosure requirements]. The court concluded, among other things, that Markevich had failed to establish her standing, has failed to establish wrongful assignments, and had failed to allege tender of the debt. (See Order of 8/...

Excerpt: ...n part and DENIED in part. FIS' request for judicial notice of official records referenced in Plaintiff and CrossDefendant Ocwen Loan Servicing, LLC's (Ocwen) complaint in this case is GRANTED. The court does not accept the truth of factual findings in these records. (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. Departme...

Excerpt: ...any party requests oral argument, then at the time the request is made, the requesting party shall inform the court and opposing counsel of the specific cause(s) of action or issue(s) on which oral argument is sought. ** The demurrer of Defendant Department of Alcohol Beverage Control (ABC) and Sunshine Garside (Garside) (collectively “Defendants”) is SUSTAINED in part and OVERRULED in part. Plaintiff Heather C. Hoganson's (Hoganson) requ...

Excerpt: ...is permitted on law and motion matters. *** Plaintiffs' motion to compel the deposition of defendant's Person(s) Most Qualified (“PMQ”) and production of documents is DENIED, as follows. The moving papers fail to comply with CRC Rule 3.1110(b)(4) and Rule 3.1113(d)‐(e). The opposition was not timely filed or served but it was nevertheless considered. Factual Background This is a lemon law case relating to a 2010 Chrysler Town and Country mi...

Excerpt: ...to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a consolidated action. In its complaint VTL alleges that it hired BBC to perform a renovation of an 80‐unit apartment complex owned by VTL in Carmichael. A dispute between the parties arose and resulted in BBC recording a mechanics lien in the amount of $483,405. VTL filed an action for declaratory relief, breach of contract and fraud. VTL promptly filed a motion to remove B...

Excerpt: ...by Local Rule 1.06. 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. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The response filed by plaintiff on 7/12/2018 was not timely filed and served in accordance with Code of C...

Excerpt: ...niform set of construction standards (Civ. Code § 896), and permits claimants to "make a claim for a violation of standards" by alleging that the "home does not meet the applicable standard." (Civ. Code, sec. 942.) Further, SB800 provides builders with an absolute right to investigate (Civ. Code, sec. 916(a), (c)), repair (Civ. Code § 918), or compromise (Civ. Code § 929(a)) any claimed violation of SB800's standards. Claim...

Excerpt: ...ication for preliminary injunction prohibiting the foreclosure sale of their property is DENIED because they have failed to establish they have reasonable probability of prevailing on any of the causes of action alleged in their complaint. Defendant's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This wrongful foreclosure case was commenced on 7/11/2018. Plaintiffs allege in their recently‐filed complaint violati...

Excerpt: ...n law and motion matters. *** Plaintiff's motion to compel the deposition of defendant's Person(s) Most Qualified (“PMQ”) and production of documents is ruled on as follows. Defendant's counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This is a lemon law case relating to a 2014 Jeep Grand Cherokee purchased in Texas. The complaint asserts causes of action under California's Song‐Beverly Consumer Warranty Act and the f...

Excerpt: ...intiff Matin and defendant Lundgren. According to the complaint, defendant Lundgren owned and operated as sole proprietorship a business known as “Mr. Motorhome” through early 2011, when he met plaintiff Matin and allegedly urged her to quit her salaried job to become co‐owner/co‐manager of the Mr. Motorhome business in Elk Grove. Plaintiff states she relied on defendant Lundgren's representations and in late 2012 began working at the Mr....