Excerpt: ...”) filed the original complaint against various defendants on March 1, 2018. Placer and Perez appeared in the matter, but at the time, both were represented by different counsel (Haight Brown & Bonesteel, LLP). On August 8, 2019, Dennis J. Kelly, Esq. of Dillingham and Murphy LLP was substituted in as counsel for both Placer and Perez. After reviewing the matter, current counsel of record contends he determined it was necessary to file a cross�...

Excerpt: ...Homeowners Association (13th cause of action) are sustained with 30 days leave to amend based on the failure of each challenged cause of action to state facts sufficient to constitute a cause of action. Defendants Professional Community Management of California, Inc. and Cabo Del Mar Homeowners Association's Motion to Strike is deemed moot and off calendar by virtue of their demurrer being sustained with leave to amend. Defendants AMC Inc. dba St...

Excerpt: ...tow Sheppart Wayte & Carruth Llp Tentative Ruling: The Court has read and considered defendants' “Motion for Summary Judgement [sic]/Summary Adjudication” filed April 2, 2019. Code of Civil Procedure section 473c(b)(1) requires that: The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed b...

Excerpt: ...fied on June 29, 2018, that his appointment would end effective July 9, 2018. Plaintiff alleges he was wrongfully terminated in retaliation for requesting payment of his statutory salary and for his testimony before the Legislature in March of 2016. Plaintiff's FAC alleges the following two causes of action: (1) retaliation in violation of Labor Code § 1102.5; and (2) unpaid wages in violation of Labor Code § 201. Defendant demurs to each cause...

Excerpt: ...nd cause of action. (The Court finds the answer filed on December 18, 2018 was inappropriately designated as Caltrans' answer and was superseded by the amended answer filed by George Reed, Inc. on 2/19/19.) Even under California's liberal pleading practice, plaintiff has failed to separate the allegations within the second cause of action. The allegations as to each defendant within the cause of action must be pled with sufficient particularity t...

Excerpt: ...sed the car in 2013, and (according to his suit) he encountered a long train of significant problems with it. He demanded repurchase in February 2016, and filed this suit in March 2016. More than two years later, in July 2018, defendant served a notice of inspection of the vehicle. After some initial scheduling discussion, plaintiff's counsel informed defendant's counsel in September 2018 that plaintiff had sold the car and thus couldn't produce ...

Excerpt: ...l of the out-of-state action initiated by Defendant and bringing this motion for fees. It is premature for Plaintiff to seek any remedies in this action, including attorneys' fees, pursuant to Section 925(c) before there has been a determination whether Plaintiff was an employee or independent contractor, and whether Defendant violated Labor Code § 925. Pursuant to Section 925, an employer may not require an employee who primarily resides and wo...

Excerpt: ...cation that (1) Plaintiff does not have a claim for dangerous condition of public property, or (2) BART has immunity. The Court finds that BART has not shifted its burden on several issues, and on the remaining issues there are triable issues of material fact. Indeed, while BART presents more or less the same substance in a variety of different wrapping papers, it's the same substance under different section headings. Dangerous Condition A claim ...

Excerpt: ... The complaint states facts sufficient to constitute a cause of action against the defendant and that the answer does not state facts sufficient to constitute a defense. The failure to deny a material allegation necessarily results in an admission. Hennefer v. Butcher (1986) 182 Cal.App.3d 492, 504. �In the case of . . . a motion for judgment on the pleadings, leave to amend should be granted if there is any reasonable possibility that the plai...

Excerpt: ...itted, a redline version showing all changes, deletions and additions shall be submitted as well. As to the Settlement: 1. The proposed Class Definition contained in Article I, subsection c, of the Settlement Agreement and ¶17 of the First Amended Complaint, references security guards or individuals in a “functionally equivalent position.” The Class Notice is directed to, and defines the Class as, only security guards. Please confirm that th...

Excerpt: ...quests for production of documents is DENIED. In this employment action, Plaintiff alleges claims of retaliation, gender discrimination, sexual harassment, race discrimination, and race harassment based upon the alleged misconduct of Kendall, who was Plaintiff's supervisor. On October 30, 2018, Plaintiff served identical Form Interrogatories (Employment) on both Defendants and identical Requests for Production of Documents. (Perez Decl. ¶ 3, Exh...

Excerpt: ...t of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and exec...

Excerpt: ...34‐2015‐00182515), Gentry v. Eugene Burger Management Corporation (34‐2016‐ 0011194015), and Gentry v. Eugene Burger Management Corporation (34‐2016‐ 00192291). Bigby v. Eugene Burger Management Corporation (34‐2015‐00182515) is the lead case. Bigby v. Eugene Burger Management Corporation (34‐2015‐00182515) is an action brought under the California Private Attorney General Act ("PAGA Action"). Gentry v. Eugene Burger M...

Excerpt: ... Department 53 by the time of the hearing. The Proof of Service indicates some, but not all, of the crossdefendants were served with this motion. Assuming service is shown to be proper, the Court rules as follows. If service is not shown to have been properly effected on all of the cross‐defendants, this matter will be dropped. In this construction defect action, Sierra cross‐complained against WWF and other cross‐defendants for indemnity, ...

Excerpt: ...laintiffs sued Centex Homes, the developer of the properties, and seek the cost to effectuate any necessary repairs. Centex filed a cross‐complaint for indemnification against the various subcontractors, including Adland, which provides and installs decorative fireplace mantels. One of the insurance carries for Adland, St. Paul Mercury Insurance Company, has negotiated a settlement on behalf of Adland with Plaintiffs. In exchange for a waiver o...

Excerpt: ... Housing (“DFEH”) (Lanisa Larrabee v. City of Sacramento, et al., Department of Fair Employment and Housing No. 201801‐ 00663605) is GRANTED. In taking judicial notice of this document, the Court accepts the fact of its existence, not the truth of its contents. This is an employment action arising out of Plaintiff's employment with the City of Sacramento (the “City”). Plaintiff began working for the City in November 1998. (FAC ¶ 6.) Pl...

Excerpt: ... On April 14, 2015, the Court granted Judgment Creditor's Special Motion to Strike plaintiff's causes of action. The Court subsequently granted their Motion for Attorneys fees in the amount of $22,284. (Ex. C to the Declaration of Daniel J. Bardzell) Judgment Creditors served the instant post‐judgment discovery (Ex. N) on October 9, 2018. Judgment debtor/plaintiff failed to provide any responses to the discovery. Judgment Creditors sent...

Excerpt: ...om August 2014 to January 2018. Plaintiff was a member of Defendant's sales team who solicited homeowners who experienced fire damage to their homes to enter into home improvement contracts covered under their homeowners' policies. Plaintiff received commissions on all contracts he obtained. Plaintiff contends his commissions were improperly calculated. On August 13, 2018, Plaintiff filed a complaint against Golden Coast Construction & Re...

Excerpt: ...iled by the time of the hearing, the matter will be dropped from calendar. Defendant seeks relief from default pursuant to CCP 473(b), contending that the purported substitute service was defective, and therefore he acted with excusable neglect in not filing a timely Answer. The default was entered on February 19, 2019. The proof of service states that substituted service occurred at defendant's address on December 11, 2018. Substitute servic...

Excerpt: ...ty has indicated the incorrect address in its notice of motion. The correct address for Departments 53 and 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California, 95814. Moving party shall notify responding party(ies) immediately. The Court's inquiry in ruling on a motion for judgment pursuant to CCP §664.6 is generally limited to a determination of whether the parties entered into a valid and binding settlement...

Excerpt: ...cial Interrogatory Nos. 20 and 21 without objection by May 9, 2019. This is an insurance bad faith case and action for breach of contract. Plaintiff alleges that he was insured by Geico under an automobile policy covering his Mercedes Benz CL600. Plaintiff alleges his car was damaged on September 16, 2016 and that Geico denied his claim in violation of the insurance agreement and the covenant of good faith and fair dealing. Plaintiff alleges that...

Excerpt: ...as able to prepare a substantive Reply, which the Court has also considered. Background Plaintiff and Defendant settled their case just as the jury was ready to be called for trial in this consumer “lemon law” case. The Song‐Beverly Act, Civil Code sections 1790, et seq., entitles Plaintiff to seek reasonable attorney's fees, costs and expenses from FCA. Plaintiff contends that he is the prevailing party in this matter and is therefore ...

Excerpt: ...untary Dismissal of the Third Amended Complaint on January 23, 2018 (ROA 527). On April 5, 2018, in Department 54, the Court denied the motion to vacate the voluntary dismissal in that case, finding that the "attorney neglect" upon which the motion was based did not fall under the mandatory fault provisions of CCP 473. After Plaintiff's motion to vacate his voluntary dismissal [which was filed without prejudice] was denied, he filed t...

Excerpt: ...or Commissioner”) is OVERRULED. Background In this case, Plaintiff seeks to recover damages and relief for the People of the State of California for Defendant's alleged violations of the Labor Code's prohibitions against retaliation. Plaintiff allegedly conducted an investigation of Complainant Raphaela Ramirez's (“Complainant's”) claim that Defendants retaliated against her when she took a sick day, asked to be paid for it, and filed claim...

Excerpt: ...lla and Floyd Chodosh (collectively, “Plaintiffs”) is UNOPPOSED and is SUSTAINED WITHOUT LEAVE TO AMEND. In this action, plaintiffs Plaintiffs allege Defendants have failed to take adequate action in response to reports of judicial misconduct and improperly hid the nature of its investigations from the public. Plaintiffs also allege Defendants violated the state constitution, violated the separation of powers, wasted taxpayer funds, and misus...

Excerpt: ...The Court may not and did not consider plaintiff's declaration filed in opposition to this motion. Such “extrinsic evidence” may not be considered in connection with a motion for judgment on the pleadings where, like a demurrer, the Court may consider only those facts properly alleged in the challenged pleading and those for which judicial notice is both requested and granted. Factual Background This action was commenced on 12/29/2017. The 2A...

Excerpt: ...ws. Plaintiffs move for $7,975 in monetary sanctions against Defendant ZB, N.A. dba California Bank & Trust (“Bank”) and its counsel. Trial is scheduled for November 5, 2019. The Court continued this matter for the parties to meet and confer to clarify the proper defendant at issue in this motion. The Court noted that Plaintiffs moved for sanctions against “Defendants, ZB, N.A., a National Banking Association dba California Bank & Trust (�...

Excerpt: ...poses of settlement; (3) preliminarily appoint Shimoda Law Corporation as class counsel for purposes of settlement; (4) preliminarily approve the proposed class action settlement amount of $251,734.59; (5) preliminarily approve application for payment to class counsel of attorney fees in the amount of $88,107.11 (35% of the Gross Settlement Amount); (6) preliminarily approve application for payment to class counsel of reasonable costs not to exce...

Excerpt: ... hearing. The Court's tentative ruling is as follows: The demurrer of defendant Steve White, Judge, to the complaint of plaintiff in pro per Clark is UNOPPOSED and is SUSTAINED without leave to amend, as follows. The complaint in this action is largely incoherent but appears to relate to plaintiff's prior criminal prosecution, conviction and resulting prison sentence. Plaintiff seems to contend that Judge White misapplied statutory law during the...

Excerpt: ...d 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 action arises from the purchase of a legal services business named California Legal Pros (&#...

Excerpt: ...nconscionable. The only argument Plaintiff makes is that Defendant has failed to show that Plaintiff signed the arbitration agreement. Plaintiff's argument is based on the theory that the Declarations of Terrance Risse (“Risse”) and April Duena‐Davis (“Duenas‐Davis”) are inadmissible. Plaintiff objects to both declarations on the grounds that the declarations lacks personal knowledge, assumes facts not in evidence, and is hearsay. The...

Excerpt: ...eges that Defendant failed to complete the installation of the roofing, failed to properly flash the roofing and install the metal roofing components. No trial is scheduled. Defendant moves for summary judgment on the ground that the action is barred by the 10‐year statute of limitations in CCP §337.15. CCP § 337.15(a), provides that no action may be brought to recover damages for latent defects more than 10 years after the substantial comple...

Excerpt: ...** Defendants Nissan North America, Inc. (“NNA”) and Nissan Motor Co., LTD.'s (“NMCL”) (collectively “Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is an action for wrongful death, strict liability and breach of warranties. Decedent is Jan Tingey (“Jan”). Plaintiffs are the decedent's husband (“Jeffrey”) and child (“Samantha”). On 3/20/2016, Jan and Jeffrey were involved in a car cr...

Excerpt: ...‐ day period, as well as essential services disability coverage of $45.00 per week. Plaintiff alleges that on 7/2/2016, he was involved in rear‐end auto accident. As a result of the accident, he was disabled and unable to operate his 40 acre‐vineyard. Plaintiff alleges that USAA has refused to pay any wage earner disability payments and has made only partial payment of essential services disability benefit payments to Plaintiff. He alleges ...

Excerpt: ...ia (“Plaintiff”) filed this action on August 24, 2018, alleging medical malpractice against Defendant. Plaintiff filed a First Amended Complaint (“FAC”) on October 18, 2018, alleging medical malpractice, breach of fiduciary duty, fraud, defamation, and infliction of emotional distress. The FAC was served by substituted service on November 8, 2018. Defendant demurred to the FAC, and on February 6, 2019, the Court sustained the demurrer as ...

Excerpt: ... court order August 20, 2018 and the court order of October 30, 2018, compelling plaintiff to provide verified responses, without objections, to defendant's form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. The responses were to be served no later than November 8, 2018. The Court's first ruling compelling plaintiff's discovery responses was August 20, 2018, which require...

Excerpt: ...es she showed the classic signs of a stroke and that her co‐workers were aware that she had had a stroke but that they failed to provide medical assistance. They allegedly placed her in an office and accused her of being under the influence of drugs or alcohol, then made her take a drug/alcohol test. She was thereafter sent home with a friend who took her to the emergency room to be treated for the stroke. She alleges causes of action for false...

Excerpt: ...ertifying the proposed class herein for purposes of settlement; 2. Preliminarily appointing Plaintiff Henry Cress and Plaintiff Jeanine Roberts as class representatives for purposes of settlement; 3. Preliminarily appointing the Shimoda Law Corp. as class counsel for purposes of settlement; 4. Preliminarily approving the proposed class action settlement, which is incorporated herein by reference; 5. Preliminarily approving the application for pay...

Excerpt: ...uary 18 was a court holiday). The Court has discretion to not consider late filed papers, however the court has considered the arguments therein and rejected them. Defendant moves to set aside the default as void under CCP 473(d), the Due Process Clause of the 14th Amendment to the U.S. Constitution, and CCP 418.10 on the grounds that he was never served with the summons and complaint. Default was entered October 17, 2017. No Judgment has yet bee...

Excerpt: ...revent discrimination and retaliation, failure to engage in the interactive process, and failure to make reasonable accommodation. Plaintiff alleges that he repeatedly sought medical treatment and took leave of absence as a result of a psychiatric condition. He alleges that he suffers from mental disabilities. Plaintiff seeks damages for lost past and future income, benefits, employment, and career opportunities, as well as past and ongoing emoti...

Excerpt: ... action against numerous defendants in connection with the treatment and care provided to Richard Novo, Sr. (the “Decedent”). Plaintiffs allege that Defendants were negligent in connection with a right thoracotomy with gastric pull up and distal esophagectomy performed on April 6, 2016. Defendant seeks summary judgment on the basis that the care he provided met the applicable standard of care. Defendant provided an expert declaration demonstr...

Excerpt: ...ir dealing. Plaintiff alleges that he was under contract with the DSH since 1997 to perform evaluations of Mentally Disordered Offenders (“MOD”). (AC ¶ 8.) He was engaged to perform similar evaluations for Sexually Violent Predators (“SVP”) in 2005. (Id.) Plaintiff alleges that he conducted a SVP evaluation of “Xxx” beginning in 2009 who was a client of Defendant David Santiago, Los Angeles Deputy Public Defender. Plaintiff alleges t...

Excerpt: ...us was suspended as of December 3, 2018 and remained suspended as of the date Defendants' reply was filed. As it stands, Plaintiff ClickSmart cannot oppose the instant demurrer until it cures the suspension. Plaintiff Advermail opposed the demurrer, and even though Plaintiffs' counsel represents both Advermail and ClickSmart, the current opposition was only filed on behalf of Advermail (likely given ClickSmart's suspeneded status). On...

Excerpt: ..., alleges that she was the victim of sexual abuse perpetrated by Defendant Joshua Vasquez during her attendance at an after school program at a Sacramento City Unified School District elementary school. Plaintiff alleges causes of action against moving Defendants and others for Negligent Supervision, Investigation and Retention of an Employee, Negligent Supervision of Plaintiff, a minor, the 3rd for Negligence and Negligent Failure to Warn. At is...

Excerpt: ...im of exemption, offering to pay $100 per month instead of having the statutory amount withheld, which would have been greater. Plaintiff then served a modification order to the employer requesting only $100 per month. After $12 is deducted each month for administrative fees, Plaintiff receives $88 each month to apply to the outstanding judgment. Smith now moves for a Court order that he may pay the Judgment in installments of $75 per month, paya...

Excerpt: ...11, 12, 18, 21‐23, 25, 33, 37, 38, 41, 42, 48‐50, 53, 54, 56, 67, 59, 60, 63, 64, 66, and 70‐73 is GRANTED. This is a Lemon Law action involving a 2012 Kia Optima, which Plaintiffs allege suffered from engine defects. Plaintiffs allege Kia knew the vehicle suffered from these defects, was unable to repair them, but nevertheless refused to repurchase the vehicle. Plaintiffs served the discovery on July 9, 2018, and gave Kia until September 1...

Excerpt: ...laintiffs' 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 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence ...

Excerpt: ...he settlement. In this wage and hour action, Plaintiff alleges, among other things, that Defendant Sierra Canam, Inc. committed numerous wage and hour violations, failed to furnish itemized wage statements, failed to pay minimum wages, failed to pay overtime wages, and failed to pay timely wages upon cessation of employment. Plaintiff also alleges that Defendant violated Bus. & Prof. Code § 17200 and seeks penalties pursuant to PAGA. The trial c...

Excerpt: ...n untimely opposition on February 11, 2019, only seven days prior to the scheduled hearing date, in violation of CCP § 1005. Defendants move to strike paragraphs 12, 14‐25, 27‐28, 30‐31, 33‐35, 37‐39, 47‐53, 56‐60, 62, 64‐67, 71, and 75 on the grounds the assertions are irrelevant or improper as they are allegations regarding evidentiary facts rather than ultimate facts. Under section 436, the court may “[s]trike out any irrele...

Excerpt: ...Court considered the opposition. Plaintiffs filed a single opposition to both the demurrer and motion to strike. While the caption indicates it is an opposition to the motion to strike, the substance of the opposition does nothing to specifically discuss or rebut the claims in Raley's motion to strike. The opposition appears directed substantively at the demurrer. Accordingly, for all intents and purposes, this motion is essentially unopposed. De...