Excerpt: ...caused the death of Plaintiff Amber Jenkins' 18 year old son (“Decedent”). At the time of his death, Decedent had no children and is survived by his mother, Plaintiff, and father, who is plaintiff in a separate action (Sacramento Superior Court Case No. 34‐2021‐00310485, filed on October 29, 2021). Plaintiff filed her action on September 20, 2021, in her personal capacity as the decedent's heir for negligence and wrongful death. Plaintiff...

Excerpt: ...endant's Supplemental Interrogatory (Set One) and Request for Production (Set One) by no later than October 14, 2021. (ROA 64; RJN Exh. A.) Trial is currently set for March 14, 2022. To date, Plaintiff has not complied with the Court's September 30, 2021, order. Further, Plaintiff's counsel's mail has been returned to Defendant and counsel has been unresponsive to email. (Vandersluys Decl. ¶ 5, Exhs. 1‐2.) Plaintiff's counsel has failed to upd...

Excerpt: ...ff filed the Class Action Complaint on February 26, 2021, alleging claims against Defendants for unfair competition, failure to pay minimum wages, failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to reimburse business expenses, failure to provide wages at termination, and violation of the Private Attorney General Act (“PAGA”). Plaintiff filed a First Amended...

Excerpt: ...Third Amended Complaint (“3AC”) defined the class as: “All California residents insured under a Stillwater dwelling policy who made claims for damage to real property resulting from a covered peril, and whose claims were open on or after December 6, 2016, as to which Stillwater paid at least $1 in policy benefits, and whose actual cash value indemnity payment for repairs to the structure was decreased as a result of depreciation of one or m...

Excerpt: ... filed this action on December 29, 2020. On March 16, 2021, Plaintiff filed a First Amended Complaint that alleges claims for (1) failure to pay all overtime wages, (2) meal period violations, (3) rest period violations, (4) waiting time penalties, (5) wage statement violations, (6) unfair competition, and (7) PAGA penalties. The Settlement Class is defined as “All current and former non‐exempt non‐union employees employed by Syblon Reid co...

Excerpt: ... is denied. Ms. Gedjeyan's declaration states there is no record of any claim filed with, or presented to, the Government Claims Program by Plaintiff for any date range. CDCR argues the Court may take judicial notice of this declaration because it is a record of an administrative agency and an “official act of the legislative, executive, or judicial departments” of the State of California. (Evid. Cod § 452(c). The Court does not perceive tha...

Excerpt: ...r judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Defendants move to strike the following: 1. The second cause of action in the SAC for violation of the Real Estate Settlement Procedures A...

Excerpt: ...impf alleges that she entered into a consensual relationship with her supervisor, Steven Medina (“Medina”). After Plaintiff ended the relationship, Medina began to sexually harass her. Plaintiff alleges that the harassment was so severe and pervasive that she sought a Civil Harassment Restraining Order in November 2019. In December 2019, Plaintiff notified Caltrans management, including Caltrans Manager Angelo Gross ("Gross"), and Bassi, Calt...

Excerpt: ...ff's termination. In June 2021, Defendant served Plaintiff the subject form and special interrogatories. (De Wit Decl. ¶ 3.) Plaintiff provided responses in August 2021. (De Wit Decl. ¶ 4.) Following an initial meet and confer, Plaintiff provided the supplemental responses that are at issue in this motion. (De Wit Decl. ¶ 6, Exs. G & H.) Defendant's further meet and confer attempts did not result in a resolution of the discovery dispute and th...

Excerpt: ... advise of Local Rule 1.06 and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact Defendants prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event the opposing party appears without following the procedures set forth in Local Rule 1.06. Defendant states that in response to its Request for Production of Documents, Set One, Plaintiff agreed to produce a ...

Excerpt: ...eed) shot him in the thigh just outside a bar both had been patronizing on 11/15/15. Plaintiff alleges that he was shot after refusing to buy marijuana from Reed. Defendant owns the shopping center in which the bar is located. The FAC contains causes of action against Defendant for negligence and “negligent security.” Defendant moves for summary judgment on the ground that he had no duty to provide security or otherwise protect Plaintiff from...

Excerpt: ...*** If oral argument is requested in an attempt to obtain leave to amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendants U.S. Bank (“USB”), Fay Servicing, LLC and Attorney Lender Services, Inc.'s (collectively “Defendants”) demurrer to plaintiff's Second Amended Complaint (“2AC”) is SUSTAINED without leave to...