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: ...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...