Excerpt: ...rchase and “flip” real property together and divide the profits evenly. Lynn operates a real estate brokerage company in Sacramento. Real Estate Portfolio Management, LLC (“REPM”) is a real estate investment company in Orange County. Steve George is REPM's principle. On July 26, 2019, Lynn served REPM with form interrogatories, set two. (Nevin Decl. Exh. A.) REPM requested a two‐week extension of time to respond. (Nevin Decl. Exh. B.) L...

Excerpt: ... from four years preceding the filing of this Complaint to final judgment.” (Complaint ¶ 13.) Plaintiff alleges the following two causes of action: (1) unpaid wages pursuant to Labor Code § 229; and (2) violation of Business & Professions Code §§ 17200 et seq. Defendant demurs to the complaint on the grounds it fails to state facts sufficient to constitute a cause of action either on an individual or a class‐wide basis. Defendant also dem...

Excerpt: ...ortedly agreed to enter into a partnership to purchase and “flip” real property together and divide the profits evenly. Lynn operates a real estate brokerage company in Sacramento. Real Estate Portfolio Management, LLC (“REPM”) is a real estate investment company in Orange County. Steve George is REPM's principle. Plaintiffs/Cross‐Defendants Lynn filed their complaint in November 2015 alleging that REPM and Steve George breached a partn...

Excerpt: ...or judicial notice on reply is granted. In this action, Plaintiffs allege that the California Department of Corrections and Rehabilitation, Folsom, and the County of Sacramento created a dangerous condition of public property by closing a sidewalk and directing Ms. Hills to walk/pass into the roadway where she was struck by a car driven by defendant Carolyn Vodoklys. Correctional Officer Nader Saca was supervising the CDCR inmate work crew at the...

Excerpt: ...tained Defendant's default but the default were set aside on September 13, 2019 after the Court granted Defendant's motion to set aside and found that Defendant had never been served with the summons and complaint despite the proof of service indicating that Plaintiff's son had served Defendant. Pursuant to CCP § 583.210, “the summons and complaint shall be served upon a defendant within three years after the action is commenced against the de...

Excerpt: ...to work in an area that was unsafe and that he tripped over dangerous equipment. There is no description of what the alleged “dangerous equipment” consists of or any specific details as to how he was injured. He also refers to regulations and Construction Industry Safety orders that were violated but does not identify them. Defendant A. Teichert & Son, Inc. (“Teichert”) answered the complaint and propounded written discovery. At issue on ...

Excerpt: ... struck by a car driven by Defendant Carolyn Vodoklys. Correctional Officer Nader Saca (“Officer Saca”) was supervising the CDCR inmate work crew at the time of the incident. The City moves for a protective order with respect to the latest round of written discovery from Plaintiffs in addition to two depositions. Depositions The City argues that it is entitled to a protective order with respect to the recent deposition notices Plaintiffs issu...

Excerpt: ...ry, negligence and IIED. He also alleges a cause of action for a civil rights violation under 42 USC § 1983 against the City. The City moves for judgment on the pleadings on that cause of action. Except as provided by statute, a motion for judgment on the pleadings is analyzed like a general demurrer. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) In the fifth cause of action for violation of § 1983 Plaintiff alleges that Joh...

Excerpt: ...ul Death (Dangerous Condition of Public Property) and Wrongful Death (Negligence). Plaintiff alleges that her father died while trying to rescue motorists whose vehicle had driven off the Tower Bridge. Plaintiff alleges that a CalTrans employee who was intoxicated and distracted lifted the roadway for a boat but did not engage vehicle safety barriers. Plaintiff alleges that her father drowned and that his body was misidentified and then cremated....

Excerpt: ...ons for Monday, October 7, 2019. The subpoenas were served by overnight mail. The subpoenas relate to six individuals who were members of the CDCR work crew during the incident that gave rise to this action. Plaintiffs argue that the subpoenas are untimely. Trial was initially set for November 5, 2019 but was continued to January 21, 2020. “Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complet...

Excerpt: ...138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In reviewing a request for ...

Excerpt: ...ior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Defendants Ira Friedman's and NRES, LLC's motion for dismissal pursuant to Code of Civ. Proc. §§ 583.310 and 583.360(a) is DENIED. Plaintiff's Smith Development and Construction Co., Inc.'s (“Plaintiff”) request for judicial notice is granted. Factual Overview This action involves disputes related to construction contracts for work at three separat...

Excerpt: ...properly towed his vehicle and then had the car sold for parts. Defendant's separate statement includes the following. As of November 13, 2014, Defendant was in contract with the CHP to provide towing services. Under that contract Defendant was obligated and authorized to remove, tow, and store vehicles when ordered to by the CHP. On November 13, 2014, the CHP ordered Defendant to remove a 2011 Kia Soul from the intersection of Gunn Road and Marc...

Excerpt: ...for express indemnity, breach of contract, equitable contribution, and declaratory relief. It now seeks to file a first amended crosscomplaint to add Hanasab Insurance Services as a party and add causes of action for breach of contract and negligence. Defendant believes that Special Ice's recent discovery responses show that Hanasab failed to secure the requisite insurance. Trial is not until February 2020. “Trial courts are vested with the dis...

Excerpt: ...isclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination against Dignity Health Foundation, Dignity Health Medical Foundation, and Dignity Health (collectively, "Defendants"). Plaintiff complained that her co‐worker was using dirty scopes on patients and Dignity determined after investigation that Plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due to her complaint and ...

Excerpt: ...imants have resolved their case against the at‐fault motorist for the policy limits of $15,000. Claimants have demanded arbitration, but respondent United Services Automobile Association (“USAA”) has refused. Claimants now move to compel arbitration and appoint an arbitrator in the underinsured motorist action. Auto insurance policies are required by statute to contain provisions for binding arbitration of uninsured and underinsured motoris...

Excerpt: ...ants tortured him and took his watch during a less than 24 hour period that Mr. Campbell was a patient at the Emergency Room at U.C. Davis Medical Center. Ms. Boden is a registered nurse who allegedly assaulted and battered Mr. Campbell and directed other defendants in placing him on the gurney and removing him from the hospital. When interrogatories have been propounded, the responding party … may promptly move for a protective order." (CC...

Excerpt: ...llege suffered from engine issues, Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 30‐33 relate to consumer complaints and Defendant's repurchases of vehicles (same year, make and model as Plaintiffs' vehicle) which suffered the same defects as Plaintiffs' vehicle. Defendant interposed numerous objections to the requests for production, including objections...

Excerpt: ...ched its Amended and Restated Operating Agreement dated September 10, 2008 (“Operating Agreement”). Tutto was ultimately removed as Hit Italian's managing member. Hot Italian maintains that the parties engaged in a valuation of Tutto's interest in Hot Italian and that Mr. Wallace of Wallace Valuation Advisors issued a valuation which it contends is a final arbitration award subject to confirmation under CCP § 1280 et seq.. Respondents conten...

Excerpt: ... the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges causes of action for, among other things, race discrimination and harassment, retaliation, wrongful termination, failure to pay wages, and failure to provide meal and rest periods. As it relates to moving Defendants, Plaintiff alleges causes of action for aiding and abetting FEHA violations, violation of the Ralph Civil Rights Act and Unfair Business Practices. Th...

Excerpt: ...September 16, 2016, the Decedent was working in the course and scope of his employment with Goodwill Industries as a “Loader and Unloader.” Plaintiffs allege that the Decedent was checking the alignment of a container being unloaded from a “roll‐off‐hoist‐truck”. The Decedent allegedly placed his head between the frame of the container and a stationary compactor and was crushed. Plaintiffs allege causes of action for strict products...

Excerpt: ... The Court does not rule on objections to facts set forth in the opposing separate statement but only to the cited evidence itself. Plaintiff's objection to the length of the moving points and authorities is sustained. CRC 3.1113(d)‐(e). The points and authorities are 33 1/2 pages long, exceeding the page limitation of 20 pages by 13 1/2 pages. Despite this, the Court is considering the document even though the defendants did not seek ex pa...

Excerpt: ...8 [recorded land documents, not contracts, are the subject 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...

Excerpt: ...ted documents. These documents contained private peace officer information about a non‐party. The nonparty has objected to the disclosure of his identity. The document sought to be sealed is the Personnel Board's Resolution and Order describing an investigation regarding the identified peace officer. This disclosure potentially violates the peace officer's right of privacy in the absence of waiver. Job actions relating to an identified ...

Excerpt: ...sideration on July 19, 2019, with a hearing date of July 30, 2019. On July 29, 2019, the Court tentatively dropped the matter from calendar, without prejudice, due to defective service. At the hearing, Plaintiff's oral motion to continue the hearing was granted without objection. The matter was continued to August 23, 2019. After Plaintiff filed her first motion, but before the Court heard the first motion on July 30, 2019, Plaintiff filed what a...

Excerpt: ...al argument on the continuance date. Defendant Walkenhorst's, Inc.'s ("Defendant") demurrer to self‐represented plaintiff Alonzo Joseph's ("Plaintiff") complaint is UNOPPOSED and is SUSTAINED with leave to amend. Plaintiff is an inmate with the California State Prison in Represa, California. Plaintiff filed a form complaint on May 14, 2019. (ROA 1.) General negligence would appear to be alleged, although "product...

Excerpt: ... action on November 6, 2017. Pursuant to a stipulation, the Court authorized Plaintiff to amend its complaint to drop its writ of mandate claim and assert a claim for tax refund, and this matter was reassigned from the writ department. (ROA 28.) Plaintiff filed its First Amended Complaint (“FAC”) on August 30, 2018, which states a single cause of action for tax refund pursuant to California Revenue and Taxation Code § 6933. (ROA 29.) On Octo...

Excerpt: ...what the marking indicates (it is not readable) and it is speculation on Plaintiff's part that the marking indicates the declaration was not personally signed by Mr. Cheban. The additional objections regarding the declaration of Mr. Cheban are also overruled. To the extent Plaintiff “objected” to several of Defendants UMFs on the ground the characterization of the UMF is uncertain, ambiguous, and irrelevant, such objections are overruled beca...

Excerpt: ...C Davis Medical Center in Sacramento. Plaintiff was visiting her brother when she slipped and fell on water in the hospital bedroom that emanated from a bathroom sink. Plaintiff was visiting her brother in room 8103, but the water on the floor originated from the sink in the adjacent room, room 8101. Plaintiff contend that according to deposition testimony and discovery responses, the only employee that was aware of what caused the blockage is de...

Excerpt: ...amlin (Hamlin) (collectively “Plaintiffs). The SAC contains a single cause of action for legal malpractice. Plaintiffs allege that they are beneficiaries of a family trust (the “Trust”). They contend that, after each of the original trustees died, Defendants failed to take certain actions in relation to the Trust. Among other things, Plaintiffs allege that (1) Defendants failed properly to advise the surviving trustee after the other truste...

Excerpt: ... filing papers in this court. Copies of papers filed with the court must be served on parties that have appeared in the action or, if the parties are represented, then on their counsel of record. In addition, written proof that such service was made must be filed with the court prior to hearing. (See Sacramento County Superior Court Local Rule 2.30(E).) Future failures to serve papers could result in adverse rulings, including rulings that papers...

Excerpt: ...her Dockery, Jr., for injuries she sustained after allegedly hiring them to transport her to her home. Among other things, she alleges that each defendant negligently maintained the vehicle and thereby caused the collision. (See Compl., ¶ 8.) She also advances theories of negligence based on the defendants' ownership, entrustment and operation of the vehicle. (See id.) Hertz demurs on grounds that the allegations are uncertain, fail to state a v...

Excerpt: ...s the lanes and directly into plaintiffs' path of travel. Plaintiffs have propounded discovery but defendant's counsel has indicated defendant is mentally incapable of responding and may be suffering from Alzheimer's disease. Plaintiffs have issued a subpoena to UC Davis Medical Center seeking defendant's records which pertain to “Dementia and or Alzheimer's [sic].” Defendant now moves to quash the subpoena on various grounds including that i...

Excerpt: ...ic discovery requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1345(c) inasmuch as the moving separate statement failed to include the definitions of various terms used in the underlying discovery requests and Rule 3.1345(c) clearly requires the separate statement to inc...

Excerpt: ...ressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the court's tentative ruling system, as required 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 ...

Excerpt: ...for the benefit of the parties and counsel but in Judge Rodda does not find it to be a reason for recusing himself from this matter. *** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of the three issues submitted for summary adjudication, which of moving defendant's 20 Undisputed Material Facts and/or which of plaintiff's 19 Additional Material Facts will be a...

Excerpt: ...ow will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the court's tentative ruling system, as required 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 heari...

Excerpt: ...unsel and advise them 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. Factual Background This action arises out of a dispute relating to TSCS, an LLC which operates a restaurant and bar in Sacramento. Plaintiffs are two of the founding members in ...

Excerpt: ...eting, and corporate officer, Felicia Joubert (“Joubert”) secretly established co‐defendant Emergent Technology Services, Inc. (“Emergent”) to compete with DSI. Joubert resigned in October 2017. After she resigned, DSI accessed her company email account and discovered that she deleted all the email in her "sent" email folder prior to her resignation. DSI alleges that pursuant to DSI Mirror Stock Plan, upon resignation Joubert wa...

Excerpt: ...ssed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Aeorojet Rocketdyne, Inc. (“ARI”) and Steve Hill's (“Hill”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. 1. Overview This is an employment action. Plaintiff Stev...

Excerpt: ...laintiff Lambert Davis (Davis) is suing Defendants for violation of the Unruh Civil Rights Act, CC §§ 51 and 52(a). Davis allegedly operates a company that produces and sells cheesecakes. He alleges that he sometimes provides individuals in professional athletics with cheesecakes in exchange for tickets to sporting events. Davis, who is African‐American, describes Krivacic as a Kings employee who currently serves as the Assistant Golden One B...

Excerpt: ...te Compensation Insurance Fund (“SCIF”). Plaintiff alleges that SCIF assigned its rights to Plaintiff. At issue on this motion are Plaintiff's responses to Defendant's special interrogatories 1‐9 and Form Interrogatory 50.1. At the outset, the Court will not deny the motion based on a failure to meet and confer. While Defendant sent a single brief letter shortly before the motion to compel deadline, at least with respect to special interrog...

Excerpt: ... motion spans just a few pages, fails to include a proper notice of motion, and does not provide any evidence of any subpoena much less a basis upon which to evaluate the subpoena. Further, the motion contains no proof of service and was dated August 28, 2018, just 5 court days prior to the hearing. Nevertheless, Defendants filed a response to the motion which did not object to the service defect and indicated that they were withdrawing the subpo...

Excerpt: ...ance is required on September 5, 2018. Plaintiff Merrick shall be available, by COURTCALL, to participate in oral argument on the continuance date. The plaintiff filed a late opposition on August 23, 2018, the original hearing date. The Court has reviewed the opposition and determines that nothing in the opposition cures the defects of the First Amended Complaint. Therefore, for the reasons stated below and in the Reply, the demurrer is sustained...

Excerpt: ...nation in violation of public policy, IIED, NIED, and breach of contract. Plaintiff alleges that he was “lured” from his lucrative consulting practice by Assemblyman Mathis to help fix problems in his office. He alleges that this required him to prevent Mathis from misusing state resources, engaging in sexual harassment and other improper behavior. (Comp. ¶¶ 1, 18, 19.) Plaintiff alleges that he sought assistance from the Assembly Rules Com...

Excerpt: ...er 3, 2016, to March 31, 2018, and that during that time, Defendants withheld care and services, resulting in injuries and Plaintiff's ultimate death. Plaintiff's complaint alleges causes of action for elder abuse and negligent hiring/supervision. Mr. Murch is the CEO of Eskaton, Ms. Donovan is the Secretary of Eskaton, and Mr. Pace is the CFO of Eskaton. (Complaint ¶¶ 4‐6.) Defendants demur only to the first cause of action for elder abuse o...

Excerpt: ...predecessor law firm (Radoslovich Parker Turner). Defendant has demurred to the second cause of action for elder abuse on the grounds that it fails to state facts sufficient to constitute a cause of action (Code Civ. Proc. § 430.10(e)) and is uncertain (Code Civ. Proc. § 430.10(f)). Legal Standard The rules applicable to demurrers require that pleadings are to be liberally construed. (CCP § 452.) A demurrer admits the truth of all material fac...

Excerpt: ...ollows. This matter was continued from August 21, 2018, to today's date to permit Defendants to file a reply to Plaintiff's late‐filed opposition, which was filed only two days prior to the hearing. Defendants have not filed any reply. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) ...

Excerpt: ...otion for preliminary injunction on March 17, 2015 restraining Defendants from transferring title to the vehicles pending trial. Since that time, however, the Court has granted both Defendants' motions for terminating sanctions against Plaintiff. (ROA 199, 200.) Further, Defendant Yevgeniy Perehon's motion that requests for admission be deemed admitted against Plaintiff was granted on September 27, 2017 pursuant to which Plaintiff was deemed to a...

Excerpt: ...(d) and the records provide background regarding this lawsuit. This case arises from a motor vehicle accident involving self‐ represented Plaintiff Anna Tagintseva and Defendant Nataliya Basarab. Ms. Basarab was driving Defendant Pughsley's vehicle at the time. Plaintiff initially filed the action in this Court's small claims division but then dismissed the matter without prejudice. As seen from the complaint, she then filed the action in Yolo ...