Excerpt: ... notice and is DENIED. On February 15, 2018, Plaintiff filed his lawsuit against Kimberly Kirchmeyer, Executive Director of the Medical Board of California, alleging numerous state law codes and laws, including Business and Professions Code section 2056 (protection for retaliation 5 against physicians) and 2234.1 (prohibition against physician discipline for alternative treatment), 6 Civil Code sections 45 (libel) and 3345 (unfair and deceptive p...

Excerpt: ...y R. Thompson, Fredrick A. Ratliff, and Chris M. Wright. Decedent's two successors in interest, Elizabeth Brown and Don Johnson (“Plaintiffs”), have sued Union Pacific and its three employees alleging negligence in the operation of a motor vehicle, general negligence, and premises liability. At issue on this motion are Defendant's responses to request for production Nos. 19‐ 20, 38‐60, 63, 65, and 70. Nos. 19‐20 Denied. These requests s...

Excerpt: ...on, whistleblower discrimination, retaliation in violation of FEHA, breach of fiduciary duty, breach of partnership agreement, accounting, quantum merit, fraud, and negligent misrepresentation of fact. Plaintiff contends discovery has commenced, but defendants have refused to provide documents on the grounds the documents are privileged, confidential, and/or proprietary. Plaintiff contends they disagree with these objections and offered to enter ...

Excerpt: ... as a writ. The matter was assigned to Judge James P. Arguellas for all purposes. Following a demurrer by CDTFA, the parties filed a stipulation to reclassify this case as a civil action for a tax refund and to permit SJCBC to file an amended complaint. The Court signed the stipulation and Order on August 23, 2018. (ROA 28.) SJCBC then filed its FAC on August 30, 2018. The FAC seeks a tax refund. SJCBC contends its cannabis transactions during th...

Excerpt: ...with leave to amend. Plaintiff filed her First Amended Complaint (“FAC”) against the Matheson Defendants, as well as Plaintiff's former supervisor, Shirley Curran, on January 24, 2018, alleging the following eight causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in Violation of Labor Code § 1102.5; (4) Retaliation in Violation of Labor Code § 6310; (5) Retaliation in Violat...

Excerpt: ...te purchase agreement. In short, Plaintiff alleges Defendant wrongfully cancelled the purchase agreement on the grounds Plaintiff failed to timely remove a title contingency. The property at issue is a 234,800 square foot commercial building located at 8110 Power Ridge Road in Sacramento (the “Property”). Plaintiff intended to purchase the property to use in connection with its cannabis business. In October of 2016, Plaintiff and Defendant ex...

Excerpt: ...on the short cause calendar at 8:30 a.m. in Department 47 on November 9, 2018 at 8:30 a.m. If that date is inconvenient, the parties shall meet and confer to pick another Friday date and inform the clerk in Department 53 of the new date no later than 4:00 p.m. on October 23, 2018, so that the clerk may set the matter on the short cause calendar in Department 47. SVO has filed a Petition for an order removing or reducing a $8,816,958 mechanics'...

Excerpt: .... 1‐8 and 13‐43. Plaintiffs contend the scope of these requests is overreaching, implicating all financial transactions ever made by or related to Plaintiffs concerning their investment portfolios, bank account balances, and financial plans, when the only documents directly related to the plaintiffs' claims in this case are much more restricted. Defendants contend all of the financial information is discoverable because plaintiffs contend...

Excerpt: ...ion for summary judgment is denied. Courts may not take judicial notice of the truth of contents of documents. See Big Valley Band of Pomo Indians v Superior Court (2005) 133 Cal.App.4th 1185, 1191‐1192; Garcia v Sterling (1985) 176 Cal.App.3d 17, 22. Plaintiffs Geralda Stryker et al. are individual homeowners in the housing development that was the subject of a lawsuit entitled Edward J. Broussard, Sr., et al v. Cambridge (Natomas), LP., et al...

Excerpt: ...nnection with the sale of a 2005 Peterbilt truck to Maynard Frantz, LLC (“Frantz LC”) from Interstate Mechanics Trucks, LLC ("Supplier"). Ascentium and Frantz, LLC allegedly entered into an Equipment Finance Agreement (“EFA”) which Maynard Frantz allegedly personally guaranteed. Cross‐Complainants then filed a cross‐ complaint alleging causes of action for breach of contract, common counts, and fraud. They filed a first amende...

Excerpt: ...4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 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. Gran...

Excerpt: ...nt termination of Plaintiff as the Sacramento River Cats' manager of the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges he was employed by the River Cats during the 2014 and 2015 baseball seasons. (SAC ¶ 1.) Plaintiff alleges Metz was an athletic trainer employed by the Reno Aces. (SAC ¶16.) Metz traveled with the Reno Aces during the baseball season and visited the River Cats' visitor's clubhouse for River Cats/...

Excerpt: ...amages in connection with Vitek's handling of Prestige's truck #33. (ROA 7.) Vitek then filed a Cross‐Complaint on October 14, 2018, against Prestige, Anatoliy Kitsen, and Does 1‐ 10. (ROA 23.) The Cross‐Complaint contains four causes of action: (1) a cause of action for declaratory relief seeking a declaration that cross‐defendants must pay Vitek for repairs to vehicles, unpaid storage costs, unpaid rental costs and associated cleanup co...

Excerpt: ...nt on July 27, 2018, against the District, Hoyt Fong (the counselor), and the Los Rios College Federation of Teachers Union (“LRCFT Union”), alleging seven causes of action for: (1) Unruh Civil Rights Act (as to the District and Fong); (2) Conspiracy (as to all Defendants); (3) IIED (as to the District and Fong); (4) Negligence (as to the District and Fong); (5) NIED (as to the District and Fong); (6) Gender Violence (as to the District and F...

Excerpt: ...ss as Dan Dellinger Consulting. However, upon review of the papers and declarations, it appears the actual amount supported by the declarations is $14,391.70 (representing $13,967.50 in attorneys' fees (75.5 hours x $185/hour) and $424.20 in costs). This slight difference may have been the result of a clerical error multiplying 35.8 of the attorney hours by $190 instead of $185. Further, the Court also notes on reply that Defendant now seeks only...

Excerpt: ...sional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 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 fac...

Excerpt: ...or was a default or default judgment ever taken. This action arises from an unpaid wage claim filed by plaintiff James Batiste against defendant Washington Freight Express, LLC (“Washington Freight”) before the Labor Commissioner. On February 25, 2014, pursuant to an Order, Decision, or Award of the Labor Commissioner, a judgment was entered by the clerk against Washington Freight only for failing to pay Plaintiff his wages. (ROA 1.) No judgm...

Excerpt: ...ntact with a SMUD power line. Plaintiff Francisco Rodriguez, Margarito's son witnessed the incident. Plaintiffs allege causes of action for negligence, premises liability, negligent infliction of emotional distress and loss of consortium. This motion seeks sanctions against Irma Rodriguez for having filed the Complaint on June 1, 2018 naming herself as ROE 1 in the loss of consortium claim. Irma's petition for relief from the government c...

Excerpt: ...was self‐ represented was seeking new counsel. The court granted a 60 day continuance and ordered any opposition to the demurrer to be filed and served on or before October 5, 2018. Plaintiff has now filed a second request for a continuance on October 10, 2018, stating that she has been unable to hire an attorney. She seeks an additional 30 days continuance. The Court denies any further request for a continuance. However, the Court will grant a...

Excerpt: ...s three remaining causes of action: quiet title, cancellation of deed, and declaratory relief. Plaintiff dismissed the 1st cause of action for specific performance on October 1, 2018. Plaintiff Leslie Bakey ("Plaintiff) seeks to clear title to real property she purchased on September 11, 2017 for $400,000 at a duly noticed and properly conducted trustee's sale. (Complaint ¶ 15,17.) The trustee sale occurred because Defendants J. Pedro Za...

Excerpt: ...ising out of a motor vehicle accident, Defendant moves to strike punitive damages allegations. Plaintiffs allege that at the time of the accident, Defendant was operating her vehicle while under the influence of alcohol and with a blood alcohol level exceeding the legal limit. (Comp. ¶ 13.) They allege that Defendant was “well aware that driving while intoxicated posed a risk of serious injury or death to other persons using the roadways. Desp...

Excerpt: ...property from extinguishment pursuant to Title 5 (commencing with Section 880.020) of Part 2 of Division 2 of the Civil Code (Marketable Record Title).” (RJN Exh. E.) Defendant argues that the document can be expunged similar to lis pendens under CCP § 405.30, et seq. and that it can recover fees pursuant to CCP § 405.38. Here, the only authority cited by Defendant for the proposition that the Notice of Intent to Preserve Interest is a cloud ...

Excerpt: ...sition. CCP § 2025.450(a) provides that where a party, without having served a valid objection fails to appear for the deposition, or to proceed with it, or to produce any documents described in the deposition notice, the party noticing the deposition may move for an order compelling attendance and production of documents requested in the deposition notice. (CCP § 2025.450(a).) The motion must be denied. While Plaintiff seeks to compel Defendan...

Excerpt: ...d Cross‐Defendant as joint tenants. Cross‐Complainant argues that he is entitled to an interlocutory judgment pursuant to CCP § 872.720 because he is a joint owner with Cross‐Defendant, with an absolute right to partition of the subject property. Cross‐Complainant's separate statement includes the following. Cross‐Complainant is the owner of an undivided one‐half interest in the subject real property. Crosscomplainant and Cross‐def...