Excerpt: ...y served on January 15, 2018 at 12054 Country Garden Drive, Rancho Cordova. (ROA 4.) Defendant did not answer the Complaint, and Plaintiff moved for default. Default judgment was entered against Defendant on April 6, 2018. Defendant now moves to vacate the default, on the grounds that she was never served with the lawsuit. Defendant provides a declaration in which she attests that she never received notice of the lawsuit, and that the address whe...

Excerpt: ...gust 2017, alleging numerous causes of action against Defendant arising from Plaintiff's purchase of two vehicles from Defendant. On January 22, 2019, the Court granted Defendant's unopposed motion to compel arbitration, on the grounds that an arbitration clause exists in the sales contract. (MacAdam Decl. Exs. B, C.) Plaintiff then sent a Demand for Arbitration in July 2019, listing his damages in excess of $500,000. (Id. Ex. D.) Accordingly, th...

Excerpt: ... SMUD served Plaintiff with a notice of deposition, setting her deposition for September 4, 2019. (Webber Decl. Ex. 2.) As Plaintiff's counsel was unavailable, the parties agreed to a deposition date in early October, and SMUD re‐noticed the deposition for October 10. (Id. Ex. 5.) On October 1, Plaintiff's counsel stated that they were still in trial during the week of October 10, so SMUD's counsel requested that Plaintiff's counsel provide new...

Excerpt: ...objections are OVERRULED. Factual Background Raymond and his wife, Joanne, reside in a house in Elk Grove with their two children and their two dogs, Butter and Milo. (UMF 2‐6, 9.) Raymond purchased the house in 2003 and is the only person named on the deed of trust. (UMF 2, 3.) In 2014, Joanne opened Wandering Boba, a food truck business. (UMF 13.) Wandering Boba is a sole proprietorship and Joanne is doing business as (“dba”) Wandering Bo...

Excerpt: ..., failed to provide accurate and complete wage statements, failed to timely pay wages, and engaged in unfair business practices. Plaintiffs further allege that Defendant is liable for civil penalties under the Private Attorneys General Act (“PAGA”). The parties engaged in informal discovery and a full day of mediation. They now seek preliminary approval of their settlement for the gross settlement amount of $1,250,000 (“Gross Settlement”)...

Excerpt: ...into an agreement with Sacramento City Unified School District (“SCUSD”) on November 21, 2014, titled the Internship Credential Program Agreement (the “Agreement”). (FAC ¶¶ 5‐9, Ex. A.) Plaintiff alleges that Defendant denied Plaintiff the opportunity to finish his internship courses, including failing to give Plaintiff advice and mentorship and otherwise support him in good faith, and ultimately ending his participation in the intern...

Excerpt: ...und, at or near the intersection of 2nd Avenue, lona A. Opris was under the influence of alcoholic beverages and other intoxicants and intoxicated so as to render defendant unable to operate the motor vehicle in a safe manner. Despite the abovedescribed condition and defendant's knowledge thereof, defendant chose to consciously disregard the condition, which created an extreme danger and hazard to other persons using the public roadway. Defen...

Excerpt: ... Lemos' responses to form and special interrogatories and request for production of documents (sets one). Plaintiff was ordered to serve responses without objections by April 18, 2019. After Defendant failed to comply, Plaintiff moved for terminating sanctions, or alternatively evidentiary and monetary sanctions. On May 21, 2019, the Court granted Plaintiff's motion in party, directing Defendant to fully comply with the discovery on or before...

Excerpt: ...plaintiff William Fastiggi. Plaintiffs' complaint filed on March 17, 2017, alleges causes of action for medical malpractice and loss of consortium. Dr. Cain has established by admissible evidence that his care and treatment of Plaintiff was at all times reasonable and within the standard of care. (UMF 10; Declaration of Lundy Campbell, M.D. ¶¶ 1‐7.) Dr. Cain's expert opines that Dr. Cain's treatment of Plaintiff met the applicable standard of...

Excerpt: ...ate cases. The expert consulting and witness services were provided by plaintiff Stephen W. Wheatcraft, Ph.D. (“Dr. Wheatcraft”) to M&A. Plaintiffs Dr. Wheatcraft, Wheatcraft and Associates, Ltd. (“W&A”), and Catherine Benton (“Ms. Benton”) (collectively, “Plaintiffs”) filed their Complaint against Defendants on March 13, 2019, alleging causes of action for: (1) breach of written contract; (2) common count: goods and services rend...

Excerpt: ...hearing. This opposition appears to be an opposition to this demurrer, as well as a purported opposition to the concurrently filed motion to dismiss. Despite the untimeliness, the Court has reviewed Plaintiff's deposition, although it does nothing to alter the Court's decision. On April 4, 2019, this Court sustained Defendant's unopposed demurrer to Plaintiff's First Amended Complaint on the grounds the FAC failed to state facts sufficient to con...

Excerpt: ...or the Republican Caucus until March of 2015. After his position was eliminated, Plaintiff brought a variety of employment‐related claims against the Assembly. Plaintiff alleged causes of action for retaliation, disability discrimination, failure to prevent discrimination and retaliation, failure to engage in the interactive process, and failure to make reasonable accommodation. Plaintiff alleged he repeatedly sought medical treatment and took ...

Excerpt: ...er filed a request for a civil harassment restraining order against Respondent, her ex‐husband's girlfriend. A trial was held on May 4, 2018 before Judge Sawtell. Judge Sawtelle denied the request and ordered Petitioner to pay $5,000 in attorney's fees. A minute order to that effect was issued on May 4, 2018. Thereafter Petitioner filed an objection to the “proposed judgment” and Judge Sawtelle denied the motion on June 1, 2018. Petitioner ...

Excerpt: ...one, in the event Defendant appears without following the procedures set forth in Local Rule 1.06(B). As a preliminary matter, the Court notes the proof of service indicates that the moving papers were served via mail on June 11, 2019. This provided 16 court days' notice. Service by mail requires 16 court days plus 5 calendar days' notice. For cases filed on or before December 31, 2018, electronic service is not authorized unless a party or other...

Excerpt: ...on is granted. This employment action arises from Plaintiff's employment with the DBO. On or about February 20, 2019, Plaintiff, an employee of the DBO, filed the instant lawsuit against his employer and his coworker, Geraldine Young ("Young"), alleging the following causes of action: (1) religious discrimination; (2) national origin/ancestry discrimination; (3) disability discrimination (failure to engage in the interactive process); (4)...

Excerpt: ...as follows. Folsom filed an untimely opposition only seven court days prior to the hearing and in violation of CCP § 1005. Nonetheless, the Court in its discretion has considered the opposition and rules as follows. In this action, plaintiffs Maria Luisa Hills and Barry Hills allege that the California Department of Corrections and Rehabilitation ("CDCR"), Folsom, and the County of Sacramento created a dangerous condition of public prope...

Excerpt: ... February 20, 2019, Plaintiff, an employee of the DBO, filed the instant lawsuit against his employer and his coworker, Geraldine Young ("Young"), alleging the following causes of action: (1) religious discrimination; (2) national origin/ancestry discrimination; (3) disability discrimination (failure to engage in the interactive process); (4) disability discrimination (failure to provide reasonable accommodation); (5) hostile work environ...

Excerpt: .... Defendant has filed a Supplemental Declaration of Tuan V. Uong reflecting additional diligent efforts to meet and confer with the now self‐represented plaintiff. Counsel called the phone number listed on the Substitution of Attorney but reached only former counsel's office and requested contact information for plaintiff. The Court will not require further meet and confer efforts after two prior continuances given the diligence of defendan...

Excerpt: ...rt for her after his death, she and her son lived with Sam Fong and she fulfilled the duties and role of a spouse. In September 2016, Sam Fong created a trust that would have fulfilled the promises of support he made. In July 2017, after becoming ill and shortly before his death, Sam Fong purportedly executed a restatement of the Trust that removed Plaintiff as a beneficiary except for what support had already been provided. Plaintiff commenced t...

Excerpt: ...sidered "brief." Defendant Logos Property Investment S, LLC (“Logos”) argues that the motion is defective for the following reasons: (1) the notice of motion fails to include the Local Rule regarding the tentative ruling system, and (2) defective proof of service. The Court declines to deny the motion on these grounds. First, Logos proffers no legal authority that the failure to include the Local Rule requires denial of the motion. Se...

Excerpt: ...ded complaint (“FAC”) is ruled upon as follows. Defendants' request for judicial notice 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; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) This is a declaratory relief action whereby Bielejeski, ...

Excerpt: ...s personally served with the lawsuit on January 16, 2019. Plaintiff's counsel, who had been negotiating with Defendant's insurer prior to the filing of the lawsuit, did not notify the insurer of her filing and service of the Complaint or her intent to seek default. Defendant's insurer had no record of notice of the lawsuit or of the default until March 6, 2019, or after, when the Request for Entry of Default had been filed and Plainti...

Excerpt: ...cific Bancorp, Inc. ("GPB") and Golden PacificBank, N.A. ("tiie Bank") in a previous litigation ("the BillFloat Litigation") that ultimately settled for what plaintiffs contend was an unreasonably low amount. Defendant Rick Fowler ("Fowler") is Kronick's Chief Operating Officer, GPB's single largest shareholder and a member of GPB's Board of Directors. In this case, GPB and the Bank have asserted numero...

Excerpt: ...award in favor of HLG. HLG now seeks to enforce the $98,869.02 judgment entered on the arbitration award. Judgment Creditor subpoenaed records that Rick's wife third party Joy Hughes transmitted to her family law attorney Michael Deitrick. The subpoena was issued to Michael Deitrick and the Law Offices of Michael Deitrick ("Deitrick"). Deitrick has opposed the motion to compel compliance on behalf of Joy Hughes, contending all documen...

Excerpt: ...laintiff Essex Wayne Brown's as the Sacramento River Cats' manager of the visitor clubhouse during the 2014 and 2015 baseball seasons. This motion concerns Plaintiff's claim of race harassment by non‐employees Joe Metz ("Metz") and Phil Nevin ("Nevin") Metz and Nevin were employees of the Arizona Diamondbacks who were affiliated with the Reno Aces AAA baseball team. Defendant previously demurred to this cause of acti...