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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...