Excerpt: ...nings acted as the sellers' agent, under the direct supervision of Purplebricks, her broker. Plaintiff alleges that the inspections reported that was nothing catastrophic that was apparent. Although Plaintiff requested a roof and pool inspection, her agent never responded to her request and an inspection never occurred. Plaintiff underwent a final walkthrough, but the walkthrough was only a walk from room to room. Without any confirmation whatsoe...

Excerpt: ...led the operative First Amended Complaint (“1AC”) on September 1, 2020. (ROA 18.) Defendant filed a general denial to both the Complaint and 1AC. (ROAs 7, 22.) Defendant moves to compel arbitration pursuant to the Cardmember Agreement, which contains a provision that states, in relevant part: “You and Wells Fargo Bank, N.A. (the “Bank”) agree that if a Dispute arises between you and the Bank, upon demand by either you or the Bank, the D...

Excerpt: ... the proper subject of judicial notice. The County does not specifically cite to any subjection of section 452 under which it believes the letters qualify for judicial notice and the Court finds none. However, the County's request that the Court take judicial notice of Sacramento County Zoning Code Chapter 6, section 6.1.3, is granted. Plaintiffs American River AG, Inc. (“ARA”) and American Hay & Cattle, LLC's (collectively, “Plaintiffs”)...

Excerpt: ...y 26, 2021, alleging defamation against 24 Hour Fitness. Plaintiff's claims arise from conduct that allegedly occurred in or about March of 2020. 24 Hour Fitness moves for judgment on the pleadings on the ground that since March of 2020, Plaintiff's claims have become subject to debt reduction or elimination per Bankruptcy Order and are now discharged, except as to any relief Plaintiff may have requested in Bankruptcy Court. A motion for judgment...

Excerpt: ...��2AC”) is GRANTED as follows. Defendants have indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Factual and Procedural Background This case arises out of the alleged purchase of an ARCO/AMPM gas station and related real estate by Plaintiff and Mr. Chandi in the name...

Excerpt: ...ant, a Buick and GMC dealership. Plaintiff filed the Complaint on November 22, 2021, alleging claims for violation of the California Family Rights Act (“CFRA”) and the Family Medical Leave Act (“FMLA”), discrimination based upon his marital status, wrongful termination, intentional misrepresentation, negligent misrepresentation, failure to pay wages, and waiting time penalties. On September 26, 2018, Plaintiff executed an “Applicant Sta...

Excerpt: ...nselor (“SMHC”). (Reiman Decl. ¶ 4, Exh. A.) The email included a letter written by plaintiff Parvin Olfati (“Plaintiff”) to the County and other government representatives and agencies complaining about a conspiracy against her. (Reiman Decl. ¶ 5, Exh. B.) Due to concerns for Plaintiff's mental health, Reiman asked Pisan, a SMCH with the County Community Support Team (“CST”), to help Plaintiff. (Reiman Decl. ¶ 8, Exh. A; Pisani De...

Excerpt: ...lord‐tenant dispute involving plaintiffs Mark Clark and Freda Clark (collectively “Plaintiffs/Cross‐Defendants”). Singh and his spouse, Saini, are the owners of the leased property located at 5901 Watt Avenue and 5901 A Watt Avenue in North Highlands, California (the “Property”). Plaintiffs/Cross‐Defendants filed their original Complaint on May 7, 2021, against Defendants/Cross‐Complainants. Defendants/Cross‐Complainants filed t...

Excerpt: ...d as plaintiffs. It is claimed that at this hearing information relating to plaintiff Bacco‐Scribner's visit to the emergency room at Marshall Medical Center (“MMC”) on 6/23/2019 was disclosed and that defendant Croff, an administrator of Pacific Medical, Inc. (“Pacific”) had wrongfully accessed plaintiff's medical records in order to willfully and maliciously disclose the personal information to third parties so it could be used agains...

Excerpt: ...l Procedure §439(a), which requires the moving party to meet‐and‐confer “in person or by telephone” with the party filing the pleading that is the subject of the motion for judgment on the pleadings. (Bold added for emphasis.) Moving counsel is advised that the future motions which do not comply with the express requirements of §439 may be stricken and/or dropped from calendar. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)�...

Excerpt: ...ted, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 28 Undisputed Material Facts, plaintiffs' 31 Additional Material Facts and/or moving defendant's 31 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. ...

Excerpt: ...ent (“Agreement”) between plaintiff and defendant Department of General Services (“DGS”). The Agreement was signed on 4/18/2014, with two subsequent amendments changing the commencement date of the lease. Amendment Two changed the commencement date to 9/1/2017. The lease term specified in the Agreement was to be 25 years. Pursuant to the Agreement, plaintiff agreed to construct certain improvements on the property, which required various ...

Excerpt: ...iffs' allegations related to their requests for enhanced remedies under the Elder Abuse and Dependent Adult Civil Protection Act (the “Act”), prejudgment interest, and more. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Court may strike out all or any party of any pleading not drawn or filed in conformity with the law. (See Code Civ. Pro. § 436 (a)‐(c).) A motion t...

Excerpt: ...t while she was driving on the freeway when she was rearended by a semi‐truck driven by Defendant David Kirkland. Plaintiff alleged that Mr. Kirkland was employed by Defendants NorCal Lumber Company and West Coast Framing, Inc. Plaintiff alleges that she suffered injuries to her neck, back, shoulder, arm and hand. Defendants issued a medical records subpoena to Sutter Medical Foundation. Plaintiff moves to quash the subpoena on the basis that i...

Excerpt: ...an OST on March 28, 2022. Any opposition was due by April 6, 2022. Plaintiff filed a brief opposition but A&S did not file any opposition. No reply was permitted. This action stems from an incident on June 19, 2018, at EJ's Tires and Auto Repair. Plaintiff Antonio Anaya was an auto mechanic employed by EJ. Defendant Ion Sirbu was employed by defendant TWT Express, LLC, and had brought a pick ‐up truck with a trailer attached to EJ's to have the...

Excerpt: .... CSG opposes. This action arises out of Boutin Jones's representation of the "Original Grange" in an underlying dispute with the National Grange and the CSG and the legal fees it received from the Original Grange pursuant thereto. The Court is familiar with the long running litigation between the parties, but in brief, the underlying dispute began on October 1, 2012, when the National Grange sued the Original Grange in this Court. The National G...

Excerpt: ...t Code section 53069.4 does not permit the introduction of new evidence in the instant action, such that Appellants' attempts to obtain discovery from the City are unnecessary and improper. This action takes the form of an appeal of a penalty issued through the City's administrative process, wherein Appellants were fined $137,500 after 275 cannabis plants were found at their property. Appellants appealed the penalty through the City's administrat...

Excerpt: ...is UNOPPOSED and GRANTED as follows. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify other parties immediately of the tentative ruling system and to be available at the hearing, via Zoom audio or video, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Background The Regents of the University of...

Excerpt: ...ckground On 9/3/21, Judge Krueger sustained Defendants' demurrer to the previous pleading, with leave to amend. (Register of Actions (“ROA”) No. 45.) Judge Krueger ruled that, based on the pleaded facts, Defendants showed that they have immunity under Government Code § 44808. “EGUSD argues that they owed no duty to Brinsmead because the school had not yet begun to undertake the transportation of Brinsmead to school on the day of the accide...

Excerpt: ...usiness of providing aesthetic treatments and cosmetic medical services to the public. (Complaint, ¶¶ 1, 4.) Plaintiff alleges that Defendant negligently performed the laser vain removal procedure and that she was left with a discolored, swollen, bleeding, scabbed, and scared face. (Id., at 2.) Plaintiff alleges that, on or about January 10, 2020, Plaintiff engaged Defendant to perform vein therapy services to remove unwanted small, facial vein...

Excerpt: ...t 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 Local Rule 1.06(B). Plaintiff Walter Scott's motion to approve Private Attorneys General Act (“PAGA”) settlement is UNOPPOSED and GRANTED. This is a wage and hour PAGA action brought by Plaintiff on behalf of similarly situated in...

Excerpt: ...nts, including moving defendant, were negligent in the medical care of the decedent and caused her death on March 9, 2019. (Complaint ¶ 8.) Plaintiffs allege a single cause of action for “Medical Negligence and Wrongful Death.” This matter has not yet been set for trial. Dr. Sadik moves for summary judgment, or summary adjudication, on the grounds that there was no physician‐patient relationship and Dr. Sadik's decision‐making and clinic...

Excerpt: ...�The State of California” (“State”) in which the State would purchase personal protective equipment (“PPE”) for a total price of $799,015,000. Plaintiff did not receive any advance payments on the contract. At or around the same time, the State entered into contracts with least two other providers for the purchase of PPE, BYD Motors (“BYD”) and Blue Flame Medical, LLC (“Blue Flame”). Plaintiff is informed and believes, that BYD ...

Excerpt: ...lle Elledge's (“Elledges”) demurrer to Plaintiff Leonard C. Jones, Administrator of the Alegrie Davis Estate' (“Jones”) complaint is ruled upon as follows. This is an action for breach of contract and declaratory relief. Jones alleges that on December 31, 2019, the Elledges entered into a written agreement (the “Agreement”) whereby they agreed to purchase real property ("Property") from Jones. Jones alleges that the Elledges “unlawf...

Excerpt: ...rocedure § 382, California Rules of Court, Rule 3.769.) In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequ...

Excerpt: ...ent. With respect to punitive damages, Plaintiffs allege: “that at the time of the negligent acts and omissions complained of herein. Defendant, DANIEL IHRIG, willfully and deliberately operated a motor vehicle while on his cell phone/electronic device and in a dangerous and reckless manner. Plaintiffs further allege that all of Defendant, DANIEL IHRIG'S actions, as described herein, were committed knowingly and intentionally, and with a reckle...

Excerpt: ...pon as follows. Defendant argues the default should be set aside because he had no actual notice of the lawsuit against him until April of 2021, reasonably relied on his office staff to inform him of matters/documents coming into an office that he did not physically visit during the pandemic, and promptly sought assistance from counsel upon discovering that the clerk [had entered a default against him. Background According to the moving papers, M...

Excerpt: ...e used to legally distribute cannabis. SIGNAL filed its complaint on January 22, 2019, alleging the following six causes of action: (1) breach of written contract; (2) breach of covenant of good faith and fair dealing; (3) specific performance; (4) declaratory relief re: liability and damages; (5) declaratory relief re: liability for breach of contract; and (6) injunctive relief. SAMRA filed a Cross‐Complaint for declaratory relief on March 4, ...

Excerpt: ...rts in California along with a brief and declaration filed by Ford in an action pending in the Southern District of California, is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence but not the truth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consum...

Excerpt: ...Court will also consider Defendant's motion to strike. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant's counsel is directed to immediately provide notice to Plaintiff's counsel of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1...

Excerpt: ...Defendant”) has exposed individuals to lead from its sale of the Brass Spinning Top(“Product” or “Covered Product”), sold by and through Amazon.com, Inc., and that the Brass Spinning Top was distributed and/or offered for sale in California. A true and correct copy of the Consent Judgment is attached as Exhibit A to the declaration of Richard Morin. On February 19, 2020, Plaintiff, pursuant to Health & Safety Code section 25249.7(d), ma...

Excerpt: ...money lent. (ROA 1.) When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. § 438(c)(1)(A).) The Court must disregard all controverted allegations in the complaint and accept all fa...

Excerpt: ...nd advise counsel 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Defendant's request for judicial notice is granted. Defendant demurs to the first cause of action for retaliation for reporting sexual harassment on grounds that it does not state...

Excerpt: ...t, Jesse Mendez; and Jesse Mendez, individually ("Plaintiffs') bring this action alleging elder abuse, violation of patient rights, and wrongful death. Defendant contends Olivia Mendez lacked the mental capacity to be her own responsible party when she was admitted to defendant's facility. Defendant contends Jesse Mendez executed an Agreement to Arbitration of Medical Malpractice Disputes and valid Agreement to Arbitration of Dispute Other than M...

Excerpt: ...ted. Plaintiff sues defendant for breach of oral contract, promissory estoppel, unjust enrichment, fraudulent inducement, and declaratory relief arising out of a judgment of the Sacramento County Family Law Court entered in 2007. Plaintiff alleges that by way of an oral agreement allegedly reached with Kelly in 2009, the entire unpaid portion of the Judgment was waived or forgiven. Plaintiff further seeks damages and injunctive relief precluding ...

Excerpt: ...ual was shot and killed and while he was determined not to be the killer, though he was found guilty of robbery. (FAC ¶ 7.) He alleges that the laws regarding the felony‐murder rule changed during his incarceration such that if the “perpetrator was not the shooter resulting in the death of an individual then a sentence should have been for a far lesser period of time.” (Id. ¶ 9.) He alleges that as a result of the change in aw he was “i...

Excerpt: ...ement. He alleges that his disability could have been accommodated by allowing him to wear his sidearm and equipment on a weight‐bearing vest instead of the traditional leather belt. Plaintiff took the deposition of Captain Matthew Stover (“Cpt. Stover”), his commander. At the deposition, Plaintiff's counsel asked Cpt. Stover the following question a number of times: “Can you think of any reason why it would not be reasonable for someone ...

Excerpt: ...ief. Plaintiff alleges that its subsidiary entered into a transaction with CalSTRS in July 2018. (FAC ¶ 7.) Plaintiff alleges that Defendants have repeatedly claimed that Plaintiff owes them a fee that was due upon successful completion of the transaction equal to 1‐2% of the total investment obtained from CalSTRS as part of the transaction. (Id. ¶ 8.) Plaintiff seeks a declaration that any payment of fees to Defendants contingent upon comple...

Excerpt: ...for attorney's fees. CCP § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full o...

Excerpt: ... Complaint asserts against defendants American Staffing Services, LLC, Galvez and others for misappropriation of trade secrets, interference with contract and prospective economic relations, breach of fiduciary duty, defamation, false advertising and unfair business practices. Defendant Galvez filed in December 2018 a cross‐complaint against SVSD, McAlpine and others for breach of contract, false promise, intentional misrepresentation, negligen...

Excerpt: ...tice of findings of fact does not mean that those findings of fact are true];Steed v. th Department of Consumer Affairs(2012) 204 Cal.App.4th112, 120‐121 ["[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not entitled to notice."];Sosinsky v. Grant(1992) 6 Cal.App.4th 1548, 15...

Excerpt: ...amin James White initially failed to answer the Complaint and Plaintiff requested and obtained an entry of default and a default judgment on June 8, 2017. Plaintiff served the Notice of Entry of Judgment on July 28, 2017. On September 18, 2019, Defendant moved to set aside the entry of default and the judgment on the grounds that he had not been properly served with the Complaint, which was served by substitute service. On November 21, 2019, the ...

Excerpt: ...California. The Complaint contains causes of action for the following alleged violations: (1) Labor Code §§510 and 1198 (Unpaid Overtime); (2) Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Labor Code § 226.7 (Unpaid Rest Period Premiums); (4) Labor Code §§ 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Labor Code §§ 201 and 202 (Final Wages Not Timely Paid); (6) Labor Code § 204 (Wages Not Timely Paid During Empl...

Excerpt: ...ry 2019 and the pleading purports to assert causes of action for retaliation and disability discrimination under the FEHA, retaliation in violation of the Labor Code, and retaliation in violation of the Health & Safety Code. Defendant denies liability, insisting that Plaintiff's employment was terminated was a legitimate non‐ discriminatory and non‐retaliatory reason: Plaintiff's failure to perform her managerial duties and specifically, her ...

Excerpt: ...s‐Defendant First Franklin Financial Corporation's (“FFF”) demurrer to Defendants/Cross‐Complainants Christine and Richard Evans' (the “Evans”) first amended cross‐complaint (“FAXC”) is ruled upon as follows. Overview Plaintiff/Cross‐Defendant Aspen G LLC's (“Aspen”) complaint asserts causes of action for breach of contract and common counts ‐ money owed. Aspen alleges that on 8/31/2005, the Evans obtained a loan for $12...

Excerpt: ...r agreement executed by the Hill Defendants in connection with the latter's legal malpractice action against another law firm which resulted in a substantial settlement after Freidberg was disqualified. Although Freidberg filed a Notice of Lien in the malpractice action, it is alleged that this lien was not honored by the Hill Defendants, their subsequent attorneys and others. Pursuant to the provisions of the retainer agreement, the Hill Defenda...

Excerpt: ...khin (“Rassikhin”), the Safety Manager for USKO. She alleges that Rassikhin sexually harassed her, including sexually assaulting her multiple times. Plaintiff filed her initial complaint on 10/28/2019. No trial is scheduled. Plaintiff moves for leave to file a first amended complaint (“FAC”), the only amendment is to add Rassikhin as a named defendant. In support of the motion, Plaintiff's counsel avers: “The effect of the proposed amen...

Excerpt: ...e of action, Plaintiff alleges: “On information and belief, Defendant Cheryl Hess is and at all relevant times to this complaint was the wife of Defendant Dana Hess, who caused a multi‐car pileup as a result of his negligent driving on May 10, 2018, with Plaintiff Elizabeth Buchmiller sustaining injury as a result of that collision. Instead of offering to pay Plaintiff Elizabeth Buchmiller's medical bills or check to see how she was doing, De...

Excerpt: ...rs. *** Defendant California Department of Public Health's (“CDPH”) demurrer to Plaintiff Johnnae M. Harkey‐ Kirk's first amended complaint (“FAC”) is ruled upon as follows. Overview This is a putative class action for CDPH's purported “unauthorized disclosure of sensitive and private personal medical information regarding Plaintiff and class members' pregnancy tests.” (FAC, ¶ 1.) Plaintiff alleges that: “8. On or about November ...

Excerpt: ...h plaintiff's vehicle. Specifically, Plaintiff alleges that Bradley Bradley Jr., while in the course and scope of employment with DWT “drove negligently in that he made an erratic and abrupt U‐turn across multiple lanes of traffic and across the double yellow lines, resulting in a serious collision. (First Amended Complaint (FAC), COA 2.) The FAC, filed December 23, 2020, ostensibly alleges causes of action for general negligence, motor vehic...