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: ... 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: ...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: ...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: .... 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: ...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: ...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: ...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: ... was ordered to serve further responses to Defendant's form and special interrogatories and requests for admissions (sets one) by March 21, 2019. Defendant seeks terminating sanctions only on the basis that Plaintiff has not provided the Court ordered further responses. No lesser sanction was requested. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a termina...

Excerpt: ...ng the subject property and failing to warn of a dangerous condition on the property. Defendant now moves for summary judgment. Defendant's separate statement includes the following. On April 13, 2017, Plaintiff attended a gathering at a rural residential property located at 41490 South River Road in Courtland. Plaintiff had been to the property on previous occasions and was an experienced ATV rider. Plaintiff was injured while riding her ATV at ...

Excerpt: ...responses to requests for production, set one, numbers 1, 10, and 11 on April 15, 2019. The motion was filed on April 12, 2019. Service of responses after the motion was filed does not moot the motion, even if Plaintiff did not receive a copy of the motion until April 17, 2019. Defendant is still entitled to an order. To be clear, a motion is "made" when it is filed and served. (CCP § 1005.5.) At the time the motion was filed Plaintiff h...

Excerpt: ... also sought orders compelling responses to interrogatories and document requests. That part of these motions was put over to the present date, with an invitation for each moving defendant to file and serve a supplemental statement explaining which (if any) of these other discovery responses are still genuinely needed, in light of the order deeming matters admitted. Incense Specialties has filed the supplemental statement invited in the Court's r...

Excerpt: ...3, 2018 (ROA 167). Four weeks later, the attorneys for the parties (but not the parties themselves) stipulated to class-wide arbitration based on the representation that most of the putative class members had signed arbitration agreements. The stipulation (ROA 170) provided for arbitration of all “disputes arising from or related to the facts pleaded in the Complaint,” and gave no indication that the role of the arbitrator would be to approve...

Excerpt: ...0. (Dale Decl., Exh. 1 at §§ II(F), III(1).) The parties executed the Settlement Agreement on or around May 2018. (Dale Decl., Exh. 1 at pg. 12.) In the Settlement Agreement the parties agreed: (1) to resolve the PAGA claims of all persons employed by Defendant in nonexempt positions in Defendant's California‐based warehouses as of August 7, 2016; (2) provide approximately $118,102.83 in net settlement payments to the Aggrieved Employees; (3)...

Excerpt: ..., very minimal, and Trilogy was often dismissed from construction defect suits for waiver of costs or with payment of very little money. But Navigators directed its attorneys to avoid vigorously defending Trilogy and to try to use money Trilogy would have to reimburse to resolve claims. This created circumstances where other law firms Navigators selected were subject to conflicts of interest, often receiving conflicting instructions from their cl...

Excerpt: ...intiff Smith as a passenger, and the ATV flipped and plaintiff was injured. In analyzing the request for punitive damages, the Court relies on Peterson v Superior Court ((1982) 31 Cal.3d. 147), where the California Supreme Court stated “the law in California had evolved in the area of punitive damages to the point where a finding of defendant's conscious disregard of the safety or rights of others would support an award of punitive damages.” ...

Excerpt: ...r this motion. The notation in the margin of the petition states "NO $." Failure to pay the filing fee is grounds for dropping the petition. A motion is void for failure pay the filing fee. (See, e.g. Gov't Code sec 70600 et. seq.; CCP § 411.20; Hu v. Silgan Containers Corp., (1999) 70 Cal. App. 4th 1261.) Accordingly, the Court rules on the motion as follows, provided that the filing fee is paid at or prior to the hearing. If the fi...

Excerpt: ... participate. As was discussed at the recent CMC, although the complaint identifies the Estate as the plaintiff, there is neither the identification of any actual person who is the representative of the Estate, nor any probate order designating anyone as such representative. There also is no allegation of any survivors purporting to bring a wrongful death action on their own behalfs. The Court gathers that the person(s) who arranged for counsel t...

Excerpt: ...n pending between the same parties on the same cause of action. Defendants contend that the only claim in this action, for allegedly inaccurate wage statements in violation of Labor Code §226(a), should be abated pending the completion of an earlier‐filed action now pending in the Sacramento Superior Court for the State of California‐ Robert Mendez and Khrystyne Moomau v. SSP America SMF LLC, Case No. 34‐2018‐ 00246123‐CU‐OE‐GDS (&...

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...

Excerpt: ... and Plaintiff 9250 Big Horn Holdings, Inc. (“Property Owner”) entered into a construction agreement with Defendant Sheba Development, LLC whereby Sheba world serve as the project developer for the building's construction. Plaintiffs contend that the general contractor's licensee died in early 2017 and Defendant continued serving as a general contractor despite not being licensed. This led to a lawsuit and ultimately a settlement pursuant...

Excerpt: ...t serve and file in the superior court a motion to do so. (CRC Rule 8.137(b)(2).) The motion must be supported by a showing that a substantial cost saving will result and that the statement can be settled without significantly burdening opposing parties or the court; the designated oral proceedings cannot be transcribed; or the appellant cannot pay for a reporter's transcript even though the appellant does not have a fee waiver. (CRC Rule 8.137(b...

Excerpt: ...the petition on the basis that Petitioner failed to timely and "formally" institute arbitration proceedings within two years of the accident date. On February 14, 2019, this Court denied without prejudice Petitioner's first petition to initiate uninsured motorist arbitration. (ROA 11.) Therein, the Court found Petitioner failed to formally institute arbitration proceedings pursuant to Insurance Code § 11580.2 by notifying Respondent in a...

Excerpt: ...take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments." (Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) Voorhees moves pursuant to CCP §§ 430.10(a) and (c) and 597 on the grounds that there is another action pending between the same parties over which the Third District Court of Appeal retains exclusive jurisdiction. In opposition, Dodge argues the form of t...

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: ... lack the necessary foundation to show that Mr. Ginella can competently testify about the documents attached to his declaration. He states he has reviewed the records of the clients. There is no authentication for the attached documents by the custodian of records or other individual with personal knowledge. An affidavit purporting to authenticate a writing must meet the following requirements: (1) it must set forth facts with particularity; and ...

Excerpt: ... Kolyadich, the sellers of the home, for allegedly failing to disclose defective conditions in the home. Specifically it is alleged that the Kolyadich defendants failed to disclose that a granny suite was not permitted, that siding on the house was installed without permits, that the height of the granny suite's ceiling is not up to code, that the main beam in the ceiling of the residence's living area is not up to code which will require the roo...

Excerpt: ...iation under CFRA, disability discrimination under FEHA, retaliation under FEHA and age discrimination under FEHA. Plaintiff was employed by Defendant as Senior Manager of Inpatient Operations in the Pharmacy Department and claims that she was terminated because she had cancer or because she made complaints about a plan to restructure her position when she returned from medical leave. Defendant's separate statement includes the following. Plainti...

Excerpt: ...Defendants are entities that allegedly owned, managed, and/or controlled the shopping center where the incident occurred. Plaintiff seeks leave to file a first amended complaint adding new causes of action for violation of the ADA, violation of the Elk Grove Municipal Code, violation of the Streets and Highways Code, violation of the Unruh Act, violation of Public Accommodations Law, and she also seeks to add prayers for injunctive relief and pun...

Excerpt: ...action for interpleader based on competing claims made upon it as to rent payments for a cell site where its telecommunications equipment is located. It requests an order that it deposit current and future rental payments with the Clerk of the Court. Plaintiff makes no claim against that sum. (CCP § 386.6(a).) Old Republic is entitled to dismissal form the complaint in interpleader upon deposit of the $7,500 with the Court. (CCP § 386.5.) Plain...

Excerpt: ...urance Company (the insurer and assignee of Cross‐Defendant / the Surgery Center), brought this subrogation related lawsuit against Cross‐Complainant for allegedly causing water loss at the Surgery Center's property on October 6, 2017. Plaintiff claims Cross‐Complainant caused the water loss by striking a sprinkler head and flooding the Surgery Center's property at 1800 Tribute Road, Suite 100, Sacramento, California, which resulted in ...

Excerpt: ...est for judicial notice of the standard forms used by the California Association of Realtors is denied. This action arises from Plaintiff's purchase of a single family home located at 9112 Durness Way in Sacramento, California (the “Property”) in or about October 2017. Keller Williams represented Plaintiff, the buyer in the purchase. Plaintiff filed his Complaint against Keller Williams and other defendants on December 19, 2018, alleging Kell...

Excerpt: ... decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) In this action Plaintiff Eleanor Mark (“Plaintiff”) alleges causes of action for personal injury (premises liability) and negligence per se against numerous defendants, including Traynor, in connection with injuries she sustained when she fell off a sidewalk at a Rite Aid store in Elk Grove. Plaintiff claims she fell off a sidewalk at the property on February 15, 2014, and was in...

Excerpt: ... Code § 3412, quiet title, and constructive trust. Plaintiff filed the First Amended Complaint on November 16, 2018, to add GR8 Track, Inc., Green Custodial Institute LLC, Green Custodial Institute, and Simple Signings, LLC as defendants. Generally, Plaintiff alleges that in July 2017 she moved into the "family home" at 7050 Cromwell Way in Sacramento with defendant Kevin Johnson who lived there rent free. She alleges Defendant Johnson t...