Excerpt: ... employment dispute involving allegations of discrimination under the FEHA. Sterling's fourth cause of action is for defamation. The County argues that it is entitled to summary adjudication because “the alleged ‘defamation' was nothing more than the internal evaluation of [Sterling]'s work performance” and therefore is inactionable under Jensen v. Hewlett‐Packard Co. (1993) 14 Cal.App.4th 958. Sterling opposes on grounds that the motion ...

Excerpt: ...rises out of plaintiff's prior employment with CDCR. Her complaint asserts various causes of action under the Fair Employment and Housing Act (“FEHA”). In 2015 the parties stipulated to a protective order which permits the parties to designate as confidential certain documents including plaintiff's employment, medical, psychiatric and psychological records so as to limit their use and disclosure to this litigation only but it also permits the...

Excerpt: ...to sufficiently allege "malice, oppression, or fraud." The Court notes that Defendant has not demurred to the conversion or negligence causes of action. Plaintiff insists that Defendant acted with malice because she alleges that she had rightful possession of the vehicle and that Defendant hooked up Plaintiff's vehicle with full knowledge that she was inside. At this stage of the pleadings, and taking the allegations as true that: (1)...

Excerpt: ...low. The parties still must request oral argument pursuant to Local Rule 1.06 *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants Janis ("Janis") and Dean...

Excerpt: ...wise the subject of judicial notice. This is a trip‐and‐fall case. On or about 10/09/17, Laber informed Dr. Katibah that Leo Van Dolson, Jr., M.D. (Dr. Van Dolson) was treating her injured knee in a worker's compensation case. (See Moua Decl., Exh. C.) When the parties initially exchanged expert witness lists on 8/13/18, Laber disclosed Dr. Van Dolson as a non‐retained expert. Dr. Katibah did not designate Dr. Van Dolson at that time. The f...

Excerpt: ...ysician whose hospital privileges were in 2014 suspended by defendant Dignity Health in response to allegations by various hospital employees. Shortly thereafter, plaintiff filed his first suit against Dignity Health for defamation, harassment and violation of Health & Safety Code §1278.5, alleging he suffered retaliation for reporting unsafe hospital conditions and/or care. According to plaintiff, when certain hospital staff learned plaintiff w...

Excerpt: ... Emotional Distress, but is OVERRULED as to all other causes of action. This case presents a business dispute. In its complaint, Alhambra alleges that it repurchased its stock from Defendant and Cross‐Complainant Martinez, but the latter breached the Stock Purchase Agreement (“SPA”). In the First Amended CrossComplaint (“FACC”), Martinez alleges that Alhambra is the one that breached the SPA. Martinez's FACC also alleges that he and Alh...

Excerpt: ...l Rule 1.06(D). Counsel for moving party is directed to contact counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in ...

Excerpt: ...ded responses. The motion, however, is not moot. A motion is "made" when it is filed and served. (CCP § 1005.5.) Because Plaintiff made the motion before Defendant served the amended responses, Plaintiff is entitled to a ruling. Defendant, however, need not reserve the discovery responses. The Court makes no determination regarding the sufficiency of Defendant's amended responses. Both parties' requests for sanctions are DENIED. ...

Excerpt: ...‐ year/100,000 mile powertrain warranty which, inter alia, covers the engine and transmission, and subsequently received a 10‐year/120,000 mile extended coverage plan (e.g. extended warranty) which covers engine in connection with the excessive oil consumption. Plaintiff alleges that during the warranty period, the vehicle contained/developed multiple defects, including the engine's inability to properly utilize engine oil. Plaintiff alleges ...

Excerpt: ...t Ocwen Loan Servicing, LLC's (“Ocwen”) motion for judgment on the pleadings is ruled upon as follows. Ocwen's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Overview This is a nonjudicial foreclosure action. Plaintiffs allege that Ocwen...

Excerpt: ...oration”) (collectively “Judgment Debtors”) to vacate the judgment entered against them on 4/11/18 is DENIED. Judgment Debtors' alternative request for a stay of enforcement is GRANTED; bonds to be posted within 14 days. Overview The Trucking Corporation appears to be a dissolved California Corporation operating as an interstate carrier. (See Carey Decl., Exh. A.) Chand owns/owned the Trucking Corporation. The procedural history in this mat...

Excerpt: ...On 5/02/18, Stone Lake's counsel indicated by email that the date of the deposition might present a conflict. (Id., Exh. B.) Morales' counsel responded, “[t]hat is going to be a problem, as we do not intend to change the date.” (Id.) No trial date has been set, and the discovery cutoff is not approaching. Stone Lake did not serve any written objections to the deposition or move for a protective order. The day before the deposition, however, S...

Excerpt: ...noted below that 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. *** Both the moving and reply memorandum of points & authorities fail to comply with CRC Rule 3.1113(d) and (e). Factual Background This putative class action was filed by plaintiff Gibbons, alleging defendant MFL violated the California Consumer Credit Reporting Agencies Act...

Excerpt: ... Lynn Arens. However, neither declaration complies with the requirements of Code of Civil Procedure §2015.5. The Lui Declaration does not affirmatively establish it was executed pursuant to California's penalty of perjury laws or alternatively was executed in this state. The Arens Declaration was not executed under penalty of perjury at all, merely averring it was executed in California. As such, neither declaration is admissible and thus, the c...

Excerpt: ...r Maciora's motion to compel plaintiff's further responses to requests for production of documents is DENIED IN ITS ENTIRETY, as follows. Defendant failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3). This is securities fraud case which was filed on 10/31/2016. No trial date has been set. Defendant in pro per recently served a set of three (3) requests for production on plaintiff, in response to which the latter asserted various objecti...

Excerpt: ...n fails to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiff Intelligent Highway Solutions, Inc. (“IHSI”) filed this suit on 9/28/2017, claiming that TCA committed a variety of wrongful conduct in connection with several agreements which were intended to assist IHSI with expanding its business, including but not limited to financing for the acquisition of other assets. IHSI, a Nevada corporation with its principal place of...

Excerpt: ...' premises in Sacramento. Moving defendants previously demurred to the complaint but as a result of the required meet‐and‐confer process, plaintiffs volunteered to amend their complaint prior to the Court's ruling. Pursuant to the Court's 10/31/2017 order, the demurrer was dropped as moot and the amended complaint was to be filed by 11/13/2017. Defendants now seek dismissal of this action against them on the ground that plaintiffs have failed...

Excerpt: ...he merits, and is granted, with leave to amend. Plaintiff alleges claims for assault and battery, among others, arising out of his being tackled and detained by security personnel at a Goodwill store in Redding. The Complaint alleges that "Defendant employers knowingly employed unfit employees with a conscious disregard of the rights and safety of others, and/or performed, ratified or approved" of the security guard's conduct in attac...

Excerpt: ...This motion is based upon the grounds that Plaintiff is not a resident of the State of California, and that HCD has a reasonable possibility of obtaining judgment in its favor. This motion is based on the provisions of Section 1030 of the California Code of Civil Procedure. CCP 1030 provides that upon a defendant's motion, the trial court is required to order an out‐of‐state plaintiff to file an undertaking to secure recoverable costs and...

Excerpt: ...er Verified Complaint for Damages (“Complaint”), alleging eleven (11) causes of action for: alleged Disability Discrimination, Discrimination Based on Gender, Hostile Work Environment, Failure to Engage in Interactive Process, Failure to Reasonably Accommodate, Failure to Prevent Harassment and Retaliation, Wrongful Termination, Negligent Retention, Assault and Battery, and Intentional Infliction of Emotional Distress. According to the Reply,...

Excerpt: ...mons has been filed to date. Legal Standard Pursuant to Code of Civil Procedure § 583.210, “the summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.” (Code Civ. Proc. § 583.210(a) (emphasis added).) With respect to a party named in an original complaint, the action is deeme...

Excerpt: ...ause the motion was not opposed. Although CRC 3.1348(a) purports to authorize sanctions if a motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery (CCP 2030.290(c), 2031.300(c)) authorize sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the CRC must conform to the conditions of one or more of the statutes authorizing sanctions. Trans‐Action Commerci...

Excerpt: ... (Form Interrogatories, Requests for Production of Documents, Requests for Admission, and Special Interrogatories) is denied. This motion is continued to January 4, 2018 at 2:00 p.m. in this department to allow for the in‐custody plaintiff to receive a copy of the tentative ruling. The Clerk shall fax a copy of this minute order to the litigation coordinator, who shall deliver a copy to plaintiff forthwith. An appearance is required by all part...

Excerpt: ...roduction to Plaintiff, Set One. A request for sanctions shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. CCP 2023.040. The notice of motion does not comply with this section in that it does not specify the type of sanction sought. However, because plaintiff has responded to the requests made for specific sanctions such as terminating, evidence...

Excerpt: ...h Causes of Action, for negligent misrepresentation and breach of contract respectively. Plaintiff alleges that he reached a “tentative agreement” with Defendants wherein he would “be allowed to purchase” a parcel of Defendants' real property (the “Golden Gate Property”) “over a period of months.” (Comp. ¶ 8.) Plaintiff paid $4,000 earnest money into an escrow account with Stewart Title. (Compl. ¶ 9.) The “Beechum Defendants�...

Excerpt: ...that he fell down in his home, was taken by ambulance to “the Defendants,” and that during his stays at various hospital‐ and skilled nursing‐facilities, he developed multiple pressure ulcers, infections, and experienced malnourishment and dehydration arising from the acts and omissions of various “Defendants,” including but not limited to the Defendant demurring here. The demurring Defendant was substituted in as “Doe 1” on Novem...

Excerpt: ... Cities as a subcontractor on the Contra Costa Project, and alleges that the directors and officers of CCMI participated in the diversion of funds. Plaintiff alleges that the defendants, including Janco, knew that monies were owed to Bay Cities, but knowingly consented to the diversion of progress payments from Bay Cities for their own benefit. On Oct. 26, 2017 Janco's counsel served a Notice of Taking Deposition of the Person Most Qualified ...

Excerpt: ..., unopposed joint Motion For Preliminary Approval Of Class Action Settlement is GRANTED. (Code of Civil Procedure § 382, California Rules of Court, Rule 3.769.) The instant coordinated case involves three separate actions: Colvin v. Graphic Packaging International, Inc., Orange County Superior Court, Case No. 2015‐ 00781730‐ CU‐OE‐CXC filed on April 8, 2015 (the "Colvin Action"), Zasonski v. Graphic Packaging International, Inc.,...

Excerpt: ... involving a motor vehicle accident. On December 3, 2014, Mr. Kitay was temporarily suspended from practicing law, and Plaintiffs retained a new attorney ‐ defendant Lora Grevious (“Ms. Grevious”) ‐ who substituted into Plaintiffs' case shortly thereafter. (UMF nos. 5, 6, 7.) On December 30, 2014, Plaintiffs moved to continue the trial date, and the motion was granted. (UMF nos. 8, 9.) On May 19, 2015, the Court issued a tentative ruling ...

Excerpt: ...the Pleadings is DENIED in part and GRANTED with leave to amend in part. In May 2004, Plaintiffs Brian T. Maley and Terese Weber‐Maley (together, “Plaintiffs”) executed a promissory note (“Note”) in favor of Wells Fargo in the amount of $343,200 secured by a deed of trust (“DOT”) recorded against the property located at 181 Briggs Ranch Drive, Folsom California (the “Property”). (Compl. ¶9, Ex. 1.) In March 2016, the DOT was as...