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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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 (�...