Excerpt: ...efendant”) default was entered on 9/21/20. An Interlocutory Judgment After Default was entered on July 2, 2021. (Register of Actions (“ROA”) 36.) The Notice of Motion states that Plaintiffs seek “an order enforcing the Interlocutory Judgment After Default previously entered by this court for sale of 2526 El Cerco Court, Rancho Cordova, California 95670 ("Subject Property"), pursuant to California Civil Procedure §§ 128(a)(4) and 187 on ...

Excerpt: ...ndant. The Complaint alleges causes of action for (1) Sexual Assault/Battery (against Smithson only); (2) Negligence (against all Defendants); (3) Sexual Harassment (Civil Code § 51.9) (against all Defendants); and (4) Gender violence (Civil Code § 52.4) (against all Defendants). (See generally, Compl.) The Complaint alleges that Daniel Smithson was an uncredentialed teacher and custodian employee of Defendant, that he taught art and Dungeons a...

Excerpt: ...ULED. However, the Court notes that many of the statements objected to by Plaintiff consist of counsel's description of factual contentions that CalFire anticipates raising as trial. The Court considers such statements only as evidence of what issues will be raised at trial, not as evidence of the truth of those contentions. Background This is an employment action arising from the alleged wrongful termination of Plaintiff based on alleged disabil...

Excerpt: ... 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 Local Rule 1.06(B). In this action, se...

Excerpt: ...e any responses by the Court's October 15, 2021 deadline, and has not served any responses to date. Therefore, because Defendant failed to abide by this Court's order, Plaintiff requests that the Court strike the Answer and order a default be entered against Defendant. Plaintiff also seeks $1,410.00 in monetary sanctions to be paid by Defendant for abuse of discovery process. Pursuant to Code of Civil Procedure section 2031.310(i), a court may im...

Excerpt: ...fendant Cathryn Tran moves for an order granting summary adjudication against Defendants/Cross‐ Complainants Chau Vo and Thi Ba Nguyen's eighth and twenty‐second affirmative defenses. The caption states the motion is also for the appointment of a receiver to fully dispose of Plaintiff's first cause of action for partition, but this request for relief is not included in the notice of motion. Legal Standard In evaluating a motion for summary ju...

Excerpt: ... to suspect Ms. Aspen of being in the course and scope of employment with a public entity at the time of the subject collision. Petitioner's claim against the Department of General Services, State of California thus accrued on January 27, 2020. Petitioner filed a late‐claim application on February 17, 2021, more than one year from the accrual of the cause of action. On February 26, 2021, Petitioner resubmitted his late‐claim application, havi...

Excerpt: ...account is what the Defendant/Cross‐Complainant held with creditor Comity Capital Bank and the other account was with Citibank, N.A. Both creditors sold, assigned, and transferred all rights and interest in the accounts to Midland.. The Cross‐Complaint alleges three causes of actions against Midland. Crosscomplainant alleges negligent misrepresentation arising out of a misrepresentation of Best Buy concerning a computer she purchased, breach ...

Excerpt: ...lt, California 95632. Allegations of FAC Plaintiff nursing home entered a contract with decedent, Lillie Chapman, agreeing to provide to decedent skilled nursing facility care and services for a fee. Decedent agreed to pay for said skilled nursing care and services. Decedent left an outstanding balance in the amount of $51,500. At all times herein relevant. Decedent knew that she was indebted to Plaintiff. The Decedent died on or about April 19,2...

Excerpt: ...”) office in Sacramento to tour the facility and meet with Defendant Steve Favis (“Favis”), Taechyon's Chief Technology Officer, and Defendant Deepak Srivastava (“Srivastava”), Taechyon's former Chief Executive Officer. (FAC, ¶ 20.) Srivastava and Favis made representations about the potential for Taechyon's products in both the United States and other global markets and encouraged O‐Film to make a $1 million investment in Taechyon. ...

Excerpt: ...g counsel is directed to contact opposing counsel and advise him/her 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 opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. BACKGROUND Plaintiffs filed their Complaint against Defendant on May 5, 2021. Plaintiffs are former employees of Defendant who alleg...

Excerpt: ...(“Amended Complaint” or “SAC”) against Defendants the Regents of the University of California (“the Regents”), UC Davis Health Systems (“UC Davis”), and Laura Beltramini (“Beltramini”) on June 30, 2021. According to the Amended Complaint, Plaintiff began working at UC Davis in October 2002 and has had a disability under the Fair Employment and Housing Act (“FEHA”) since 2006. (SAC, ¶¶ 10, 13.) Plaintiff alleges his disab...

Excerpt: ...�) and Adriel Salto, a minor, allege that a vehicle negligently operated by Defendant Bethany Masten collided with a vehicle negligently operated by Defendant Adel Hall (“Ms. Hall”) that collided with a vehicle operated by Melanie Camacho, in which Mr. Salto and Adriel Salto were passengers. (ROA 1.) On September 14, 2020, Ms. Hall filed a Cross‐Complaint against Bethany and Scott Masten (“the Mastens”) for indemnification, apportionmen...

Excerpt: ...had been leased to Sprint pursuant to a Master Fleet Services Agreement. Sprint provided the vehicle to its employee David Miranda (“Mr. Miranda”). On the night in question, Ms. Guzman was driving the vehicle home from a concert with Mr. Miranda as a passenger in the vehicle. Ms. Guzman rear‐ended another vehicle causing the Ford Fusion to become inoperable. Part of the vehicle remained in a portion of the number three lane of traffic. A tr...

Excerpt: ...alleges it leased commercial space to Defendants located at 8390 Gerber Road, Suite C in Sacramento (“the Property”). (Complaint, ¶ 6.) The lease commenced on November 4, 2014 and had an expiration date of January 31, 2018. (Id., ¶ 8) Defendants breached the lease by failing and refusing to pay rent and other amounts due and Plaintiff has been damaged in the amount of $23,742.27 exclusive of interest and attorney fees and costs. (Id., ¶¶ ...

Excerpt: ...Ban (“Plaintiff”) contends that Defendants AHA, Brockett, and Linnea Stonebraker (“Stonebraker”), (collectively “Defendants”), engaged in wrongful conduct which resulted in Plaintiff's registration as a certified instructor for life support training to be revoked by AHA. As a direct result of AHA's renovation, Plaintiff alleges he lost business and prospective economic benefit. Plaintiff alleges causes of action against Defendants for...

Excerpt: ...ed by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and 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 opposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Plaintiff's underlying Second Amended Complaint is a representative action under the Pri...

Excerpt: ...es not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and 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 opposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Plaintiff filed t...

Excerpt: ... of Corrections and Rehabilitation (CDCR) and Kathleen Allison in her official capacity as Secretary of the CDCR from enforcing operational regulations that CDCR has adopted on an emergency basis which increase certain prison inmates' earning rates of good conduct credit (the Regulations). As the Court explains below, the motion for preliminary injunction is denied. Petitioners seek a preliminary injunction enjoining Respondents State of Californ...

Excerpt: ...dict the allegations in the TAC such that it should be considered on demurrer pursuant to Del E. Webb Corp v Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The Court previously sustained BRMS' demurrer to the First Cause of Action for Unfair Business Practices in Violation of Bus. & Prof. Code § 17200. The Court found that Plaintiff failed to adequately allege any conduct by BRMS that would establish any unlawful, unfair or fraudulent ...

Excerpt: ...bor Code § 1102.5; (2) breach of the implied covenant of good faith and fair dealing (Tameny); (3) “violation of Plaintiffs' recognized pretermination due process rights (Skelly)”; (4) negligent supervision; and (5) negligent infliction of emotional distress. Plaintiffs allege that there were Capitol Security Technicians employed by the State Senate who were charged with harassment and discrimination violations. (FAC ¶ 10) They allege that ...

Excerpt: ...ion in Violation of Government Code § 12940(k); and (3) Failure to Provide Reasonable Accommodation in Violation of Government Code § 12940(m). Defendant demurs to all three causes of action. A demurrer can be used to challenge defects that appear only on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (Blank v Kirwan (1985) Cal.3d 311, 318.) In reviewing the sufficiency of a complaint ...

Excerpt: ...rdered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Defendant's request for judicial notice is granted. (See Professional 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...

Excerpt: ...the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for judicial notice is granted. Defendant Brackett demurs to the tenth causes of action for meal period liability, eleventh cause of action for rest period liability, twelfth cause of action for failure to provide accurate itemized wage stateme...

Excerpt: ...nst Dr. Cacho only. Appearance is required. Oral Argument will take place on January 13, 2022, at 1:30 p.m. The Clerk shall fax a copy of this tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Lloyd Davis within 48 hours. The litigation coordinator is directed to have Lloyd Davis available at oral argument on January 13, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ...

Excerpt: ...nt Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114. Plaintiff has not challenged the request for judicial notice nor does he dispute the truth of the matters in the record including the Notice of Intent to terminate or the records of the administrative appeal including the order issued by the arbitrator Judge Fred Morrison, ret.. The First Amended Complaint was filed following the Court's granting of an anti SLAPP motion con...

Excerpt: ...s an employee of DGS, and has been for 20 years. She was in the DGS Office of Human Resources. She is a 45 year old Hispanic woman. Her supervisor at the time in question was defendant Applegate. Plaintiff alleges that Applegate decided to limit Plaintiff's job duties because Plaintiff had a romantic association with a Hispanic man. Plaintiff's job duties included assisting employees to understand their employee rights, status and qualifications....

Excerpt: ...1 and accepted by Plaintiff on May 14, 2021. In April 2021, Ford made offers to compromise pursuant to CCP. § 998 in the amount of $46,831.00, which included reimbursement for the truck plus attorneys' fees of either $7,500 or, at Plaintiffs choosing, an amount set by the Court following a motion for fees. Plaintiff accepted Ford's offer to compromise. Plaintiff seek $30,785.00 in attorneys fees in addition to a "lodestar" enhancement of 0.5, in...

Excerpt: ... of Court, Rule 3.769). The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and case...

Excerpt: ...echanic employed by EJ. Defendant Ion Sirbu was employed by defendant TWT Express, LLC, and had brought a pick‐up tmck with a trailer attached to EJ's to have the vehicle serviced. Defendant Sirbu claims that he was instructed to move the vehicle by employee(s) of EJ's while at the same time and unbeknownst to him, Plaintiff was working under the vehicle. Plaintiff claims to have sustained injuries when the vehicle moved above him. This motion ...

Excerpt: ...ffs' request for judicial notice is granted. By way of the instant motion Defendants seek an order compelling Plaintiffs Wilson and Hughes to provide further responses to their Form Interrogatory No. 17.1 (set two) as it relates to their Requests for Admissions Nos. 2‐225, and for Plaintiff Hughes to provide further responses to Form Interrogatory No. 17.1 (set three) as it relates to Requests for Admissions Nos. 350, 351, 356, 360, 364, 365, 3...

Excerpt: ... 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Background This is a wage and hour action brought by Plaintiff Courtenay Arneson (“Plaintiff”) on behalf of similarly situated current and former employees of Defendant Bahn Thai, Inc. (dba Thai Basil Café / V...

Excerpt: ...uired by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her 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 opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. BACKGROUND Plaintiff Scalzi is a real estate broker with Sacramento Commercial Properties and a broke...

Excerpt: ...is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐ free) and enter the Zoom ID referenced above. Appearance is required. On December 20, 2021, plaintiff filed a "Request for Extension of Time" seeking to continue the oral argument from this date to February 6, 2022 due to a continued Covid outbreak in his unit and his inability to access Lexis at the law library to prepare for the oral argument. Plain...

Excerpt: ...le 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Background The underlying action is a representative action under PAGA on behalf of Plaintiff and certain individuals who are employed or were employed by Defendant Talley, Inc. (“Defendant”) and any subsidia...

Excerpt: ...re/Medicaid, the motion is DROPPED for defective service. California Rules of Court Rule 3.1346 provides: “A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or elec...

Excerpt: .... (“Defendant”) between April 24, 2015 and November 12, 2021. According to Plaintiff's First Amended Complaint (“FAC”), Defendant operated a labor supply business serving public school districts in Sacramento County and throughout California. (FAC, ¶ 15.) Plaintiff alleges, among other things, (1) Defendant maintained payroll policies and practices that unlawfully deny compensation for involuntarily forfeited meal breaks and rest breaks;...

Excerpt: ...or TRO/OSC on December 17, 2021. Plaintiffs were ordered to file any opposition by December 30, 2021. Plaintiff Rezar Properties, Inc., et al filed a complaint alleging causes of action Judicial Foreclosure pursuant to CCP § 726, Breach of Contract, Fraudulent Conveyance, and others. Plaintiffs allege that Borrower (Auburn Ravine Venture) is indebted to Lenders under a promissory note entitled “Interest‐Only Period Fixed Rate Note” (the �...

Excerpt: ...te of Ryan Hendricks, against Defendants Aaliyah Bouchelaghem, Tahar Bouchelaghem, and Lurenda Schafer (“Ms. Bouchelaghem,” “Mr. Bouchelaghem,” and “Ms. Schafer,” respectively; “Defendants,” collectively). As relevant to this matter, Plaintiff alleges Mr. Bouchelaghem negligently entrusted Ms. Bouchelaghem, his daughter, to drive his 2009 Nissan Maxima. On October 21, 2019, Ms. Bouchelaghem caused the vehicle to collide with Deced...

Excerpt: ...�) allege several medical providers at Dignity Health dba Woodland Memorial Hospital and Dignity Health dba Mercy General Hospital were negligent in their care and treatment of Mr. Dodge leading him to suffer severe and permanent spinal injury, among other injuries. One of those providers, Dr. Khalil, now moves for summary judgment/adjudication on grounds that (1) there is no triable issue of material fact that he complied with the applicable sta...

Excerpt: ...gainst Winco on March 4, 2019, alleging premises liability and general negligence. On April 15, 2019, Winco filed a crosscomplaint against City Wide Property Services, Inc. (“City Wide”) for indemnification, apportionment of fault, and declaratory relief. On May 16, 2019, Riddex filed a Doe Amendment to her Complaint, adding City Wide as Doe 1. City Wide now moves for summary judgment as to Riddex's Complaint on the grounds that there are no ...

Excerpt: ...quest for production and to compel compliance are ruled upon as follows. Defendants' unopposed request for judicial notice is granted. Defendants filed two separate motions directed to both Plaintiffs' responses to its request for production though it has filed a single memorandum of points and authorities and Plaintiffs have filed a single opposition. Therefore, the Court will address both motions in a single ruling. In this action Plaintiffs al...

Excerpt: ... the premises of Defendant Whole Foods Market in Folsom and slipped and fell on an unknown food/liquid substance. (Complaint, p. 4.) On September 2, 2021, Plaintiff propounded Amended Special Interrogatories, Set No. 8 (“Amended Set No. 8”), consisting of 14 questions, on Defendant. (Black Decl., ¶ 3.) Defendant served responses on October 5, 2021. (Id., ¶ 4.) Plaintiff argues all of Defendant's responses were deficient in that none of the ...

Excerpt: ...n (“Defendants”). According to Plaintiff's First Amended Complaint (“FAC”), Plaintiff and similarly situated employees (“Plaintiffs”) worked for Defendants as non‐exempt employees. (FAC, ¶ 18.) Plaintiff in particular worked as a material handler and forklift operator. (Ibid.) Plaintiffs regularly worked over 8 hours a day and/or 40 hours per week, incurring overtime and were paid non‐discretionary remuneration such as bonuses. (...

Excerpt: ... granted. Defendants filed two separate motions directed to both Plaintiffs' responses to its request for production though it has filed a single memorandum of points and authorities and Plaintiffs have filed a single opposition. Therefore, the Court will address both motions in a single ruling. In this action Plaintiffs alleged that Defendants represented them in an underlying action which they contend was settled for an unreasonably low amount....

Excerpt: ...cial notice is granted. In this action, Plaintiffs allege that they are officers and directors of Sacramento A‐1 that were engaged in the process of selling the company's assets. They allege that the relied on Defendants, their insurance brokers to obtain ongoing Directors & Officers insurance coverage after the sale of the company's assets. Plaintiffs allege that they believed that they were obtaining six years of “runoff coverage” to cove...

Excerpt: ...ies, Inc., et al filed a complaint alleging causes of action Judicial Foreclosure pursuant to CCP § 726, Breach of Contract, Fraudulent Conveyance, and others. Plaintiffs allege that Borrower (Auburn Ravine Venture) is indebted to Lenders under a promissory note entitled “Interest‐Only Period Fixed Rate Note” (the “Note”). The Note, dated January 6, 2020, was executed by Borrower in favor of Lenders, in the original maximum principal a...

Excerpt: ...eferenced above. Appearance is required. On December 20, 2021, plaintiff filed a "Request for Extension of Time" seeking to continue the oral argument from this date to February 6, 2022 due to a continued Covid outbreak in his unit and his inability to access Lexis at the law library to prepare for the oral argument. Plaintiff states that due to the Covid outbreak he has no physical access to the law library and can only do research on a "paging ...

Excerpt: ...ard of care at all times, and that Plaintiff Teresa Dodge's loss of consortium claim is derivative of Plaintiff Mark Dodge's alleged medical malpractice cause of action and therefore must also fail. Legal Standard In evaluating a motion for summary judgment, the Court engages in a three‐step process. First, the Court identifies the issues as framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment. ...

Excerpt: ...ted, on the grounds that his attorney Jan Dudensing did mistakenly fail to respond to any of the papers served by the defense because they were only email served to an old and unmonitored email address, without any mail‐service copies to calendaring staff due to an emergency local rule put in place to halt the spread of the global pandemic.” The notice of motion does not specify the date order the order from which Plaintiffs seek relief. The ...

Excerpt: ...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 Local Rule 1.06(B). Defendant Perdue Foods, LLC's (“Perdue”) motion for summary adjudication of Plaintiff's second, third and fourth cause of action is ruled upon as follows. Preliminary Matters Perdue's counsel failed to co...

Excerpt: ... two; and request for production of documents, set four. Following the Court's order to meet and confer, Defendant SMF agreed to provide further responses to form interrogatories, set two, no. 17.1 and request for production of documents, set four, no. 53 for all requests for admission. The parties have resolved their dispute as to request for admissions, set one, no. 6, and the corresponding form interrogatory, set two, no. 17.1, and request for...

Excerpt: ...Plaintiff's favor (first cause of action for malicious prosecution); and (2) Association had probable cause to file its complaint (first cause of action for malicious prosecution). Defendants allege that the undisputed facts demonstrate that the underlying complaint to Plaintiff's cause of action for malicious prosecution was not terminated in Plaintiff's favor, was brought with probable cause, and was not initiated with malice. Defendants allege...

Excerpt: ...lly provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court.” The proof of service indicates the moving papers were served on the other parties via email on December 8, 2021. Regardless, section 1005(b) requires the motion to be filed and served at least 16 court days before the...

Excerpt: ...he motion is ruled on as follows. Defendant's request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Defendant argues Mr. Gill is an apex witness and, as such, is not an appropriate deponent because he does not have unique or superior knowledge related to Plaintiff's claims. Further, Defendant alleges that Mr. Gill is not an appropriate deponent because he has no personal knowledge of any relevant subject matt...

Excerpt: ... employment with Mercy as its Associate Vice President in its Administration Department. Plaintiff contends he was wrongfully terminated while taking protected medical leave and that defendant failed to engage in the interactive process with regard to accommodating plaintiff so that he could extend his medical leave for three additional months. Defendant seeks summary adjudication of the following issues: Issue One: Plaintiffs First Cause of Acti...

Excerpt: ... and American Specialty Healthcare Inc.'s demurrer is entitled "Opposition to Central Valley Specialty Hospital's Demurrer." The FAC alleges claims for dependant/ elder abuse, fraud, and wrongful death arising out of the care and treatment of decedent Ronald Bingham. Hospital contends that all causes of action except wrongful death fail to state facts sufficient to constitute a cause of action and are uncertain. CCP 430.10(e) and (f). Allegations...

Excerpt: ...ruck. While Plaintiff was under the trailer, Defendant Ion Sribu allegedly started the truck and almost ran Plaintiff over, causing injury to Plaintiff. Defendant Ion Sribu was allegedly acting within the scope of his employment as a truck driver for Defendant TWT Express, which is owned by Victor Tigan. (Compl. ¶ 10.) The incident allegedly occurred on or about June 19, 2018. On November 5, 2021, Plaintiff issued a deposition subpoena to the De...

Excerpt: ... alleges causes of action for negligence, strict liability (failure to warn), strict liability (design defect), fraudulent concealment, and breach of implied warranties. He alleges that he was diagnosed with Chronic Myelogenic Leukemia ("CML") in 2000. He alleges that the defendants' products caused his disease. Mr. Villanueva's wife, Seanne Villanueva, alleges a cause of action for loss of consortium. In this action, “[i]n order to investigate...

Excerpt: ...e pleading alleges one cause of action for subrogation: “the insured had a policy of insurance with Plaintiff covering the damages which are the subject of this action. As required by both the policy and Plaintiffs duty of good faith and fair dealing with its insured, Plaintiff investigated the loss, determined it was covered and paid the claim. The total loss was $28,906.17. Plaintiff now seeks subrogation of its payment (and recovery of any u...

Excerpt: ...ervices of Defendant “to amend as Settlor the Ruzir Family Trust” and to represent her in regards to the estate of Plaintiff's father Peter G. Ruzir, Jr. who died on July 24, 2010. (FAC, ¶ 10.) Decedent instructed Defendant that it was her intention to benefit Plaintiff “by the transfer of Decedent's remaining trust property by her named Successor Trustee, Judy Martin [“Martin,” Decedent's niece], of her revocable living trust.” (Id....

Excerpt: ...l Argument will take place on January 13, 2022, at 1:30 p.m. The Clerk shall fax a copy of this tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Lloyd Davis within 48 hours. The litigation coordinator is directed to have Lloyd Davis available at oral argument on January 13, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone...

Excerpt: ... Plaintiff alleges causes of action under FEHA for disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation and failure to prevent discrimination, harassment and retaliation. She also alleges a cause of action for wrongful termination in violation of public policy and defamation. Plaintiff alleges that she had been employed for over ten years and was Defendant's preschool director. She alleges t...

Excerpt: ...fendant violated various provisions of the Labor Code and certain Wage Orders by failing to pay overtime, failing to provide meal and rest periods, failing to pay minimum wages, failing to pay wages upon termination, failing to timely pay wages during employment, failing to provide complete and accurate wage statements and pay records, and failing to reimburse necessary business expenses. (ROA 1) There are no other allegations in the complaint. P...

Excerpt: ...entative ruling system and to be available at the hearing, via Zoom video or audio, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Defendants' request for judicial notice is granted. Defendants general demur to Plaintiff's SAC, consisting of Plaintiff's first cause of action for violation of the Unruh Civil Rights Act and second cause of action for violation of Civil Code section 51.5, on grounds ...

Excerpt: ...r, alternatively, to declare all renewals invalid as renewals were of the wrong judgment is ruled on as follows. Judicial Notice Harrison's Request for Judicial Notice (“Harrison RJN”) and Rushing's Request for Judicial Notice ("Rushing RJN") of documents in the Court's file, including Harrison's Request for Judicial Notice of the Register of Actions in this case, are GRANTED. In taking judicial notice of these documents, the Court accepts th...

Excerpt: ...amended complaint, which warrants summary judgment on the first cause of action for dangerous condition of public property pursuant to Government Code section 835. Defendant contends that, since Plaintiffs cannot establish liability pursuant to Government Code section 835, the second cause of action for liability pursuant to loss of consortium/negligent infliction of emotional distress warrants summary judgment. Legal Standard In evaluating a mot...

Excerpt: ...they should have designated on the initial designation on a topic reasonably anticipated to be in dispute. The motion is ruled on as follows. This action arises from a dog bite incident involving Plaintiff Arianna Hedding‐Kelton at the home of Defendants Oscar and Monica Madrigal. Pursuant to Code of Civil Procedure section 436, a court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all o...

Excerpt: ...the Elk Grove Tribune and the owner of the internet blog Chronicles Blog & Adoption Ministry. (Complaint, ¶ 6.) The Elk Grove Tribune is an internet‐based news publication and a resource for local and community news, community events, and support for local businesses. (Id., ¶ 7.) Defendant is a former writer for the Elk Grove Tribune who ceased contributing content to the publication on July 22, 2020. (Id., ¶ 8.) On September 2, 2020, Plaint...

Excerpt: ...ding anti‐aging procedures such as botox fillers and laser treatments. (Complaint, ¶ 13.) Beginning around 2016, Defendant asked Plaintiff if he would like to enter into a business arrangement with her, an opportunity Plaintiff rejected. (Id., ¶ 15.) In March 2017, Defendant informed Plaintiff that her business was failing and inquired into Plaintiff's desire to assume her office space lease. (Id., ¶ 16.) Induced by Defendant's assurances to...

Excerpt: ...on arises from a business partnership dispute involving 8 real estate projects in Sacramento County. Plaintiffs Ericson Real Estate LLC, Scott Ericson (“Mr. Ericson”), and Trisha Ericson (collectively “Plaintiffs”) allege that Defendants 3 Point, Chris MacPhail (“Mr. MacPhail”), and Dorothy MacPhail surreptitiously took profits belonging to the partnership for their own personal gain. Among other things, Plaintiffs allege that the Mac...

Excerpt: ...t employee and thus violated certain Wage Orders and the Labor Code by, for example, failing to provide itemized wage statements, pay overtime, provide meal and rest breaks, and more. Plaintiff moves for summary adjudication of Defendant's tenth affirmative defense in Defendant's answer to Plaintiff's First Amended Complaint (“FAC”). Plaintiff asserts that Defendant's tenth affirmative defense to Plaintiff's FAC fails to allege a valid defens...

Excerpt: ...painting and wall‐covering contractor. (Complaint, ¶ 6.) According to Plaintiff's Complaint, Plaintiff and other non‐exempt employees for Defendant were responsible for all aspects of painting and wall covering services according to work order and safety standards. (Id., ¶ 10.) Plaintiff alleges that Defendant failed to provide accurate written wage statements (id., ¶¶ 24‐28), failed to reimburse necessary business expenses (id., ¶¶ 2...

Excerpt: ...ird Amended Complaint (“Amended Complaint” or “TAC”), Defendant Condie (“Condie”) is a real estate agent who was employed by Defendant H and M Re Holdings, Inc. DBA New Vision Realty Group (“New Vision”). (TAC, ¶¶ 7, 8.) United Global LLC is a limited liability company, managed and indirectly owned by Mark Evans (“Mr. Evans”) and Renee Evans (“Mrs. Evans”). (Id., ¶ 2.) On February 16, 2016, Condie assisted Defendant Uni...

Excerpt: ...eorge Ben Godinez (“Plaintiff”) is an insurance salesman who worked for Defendants. He alleges that Defendants failed to properly compensate him. (See generally, Second Amended Complaint, “SAC”.) The SAC asserts causes of action for: (1) Breach of Contract, (2) Defamation, (3) Tortious Interference with Business Relationship, (4) Intentional Interference with Prospective Economic Relations, (5) Negligent Interference with Prospective Econ...

Excerpt: ...laintiff alleges only one claim for premises liability against Eskaton. The claim arises out of plaintiff's transport on premises owned by moving defendant. Plaintiff alleges she incurred injuries as a result of Co‐ defendant Falck paramedics dropping her during transport due to the alleged failure to use a four‐ person transfer. The allegations that the incident occurred in Eskaton's parking lot do not connect the injury to Eskaton's Defenda...

Excerpt: ...2018, Defendant conducted a workplace investigation following Plaintiff's complaints. (Grunwald Decl., p. 1, ¶3.). Plaintiff seeks unredacted documents concerning the investigative report prepared by a third party investigative law firm on behalf of Defendant CADA as well as other investigation‐related documents. (Ibid.) Plaintiff seeks an order compelling further responses to Requests for Production Nos. 1‐6 from defendant. The responses to...

Excerpt: ...aw action pursuant to an accepted California Code of Civil Procedure § 998 offer and the Song‐Beverly Consumer Warranty Act ("SBA"), Cal. Civ. Code § 1794(d). Plaintiff requests an Order awarding attorneys' fees, costs, and expenses in the total amount of $39,480.44. This amount consists of (1) $25,551.50 in attorney fees for Strategic Legal Practices, APC ("SLP"); (2) a 1.35 multiplier enhancement on the attorney fees (or $8,943.03); (3) $1,...

Excerpt: ...order after final judgment, is made that is appealable under this title. Pursuant to CCP 632, the request for a statement of decision shall specify those controverted issues as to which the party is requesting a statement of decision. The request filed by petitioner did not specify the controverted issues of fact that on which petitioner seeks a statement of decision. On or about August 19, 2015, Hilbers and Roofco entered into a written subcontr...

Excerpt: ...on was conducted pursuant to a Memorandum of Understanding (“MOU”) between Respondent and Doe 1. The arbitration consisted of Doe 2's appeal of his termination from his employment with Respondent. Respondent terminated Doe 2 following an investigation which led to 23 sustained allegations of violating criminal statues and more. (Tyra Decl. ¶ 5, Exh. B.) The Arbitrator was mutually selected by the parties pursuant to the MOU. (Id. ¶ 10.) The...

Excerpt: ...h Plaintiff Mahmoud Khattab. M.D. (“Dr. Khattab”) and Plaintiff 9250 Big Horn Holdings, LLC (“Big Horn”) entered into a construction agreement with Defendants and Sheba Construction, Inc. (“Sheba Construction”), whereby Defendant would serve as the project developer for the building's construction and Sheba Construction would act as the general contractor. The instant motion concerns a subpoena issued by Plaintiffs to non‐party Ibra...

Excerpt: ...e per se. Plaintiff alleges that on August 8, 2017, she was attacked by a dog owned by Defendants while the dog was being walked in her neighborhood. She alleges that Defendants were aware that the dog was vicious. In evaluating a motion for summary judgment or summary adjudication the Court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for...

Excerpt: ... a double amputee living at Eskaton Care Center. (SAC ¶ 4.) She alleges that on December 29, 2017, she was scheduled to be transported to Kaiser for a medical appointment. Plaintiff alleges that she is unable to self‐ambulate and requires assisted transportation to and from the care facility. (Id.) Plaintiff alleges that Defendants Care Ambulance and/or Falck Northern California Corp. were the usual carrier for her transportation. (Id. ¶ 5.) ...

Excerpt: ...'s tentative ruling system as required by Local Rule 1.06(D). Cross‐Defendant is ordered to notify parties immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event another party appears without following the procedures set forth in Local Rule 1.06(B). Cross‐Defendant's request for judicial notice is granted. The cross‐complaint in this action was filed on July 31, 2019. (ROA 47.) C...

Excerpt: ... for relief is not included in the notice of motion. Legal Standard In evaluating a motion for summary judgment, the Court engages in a three‐step process. First, the Court identifies the issues as framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. ( FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment/adjudication is ...

Excerpt: ...urt, rule 3.769(g).) This is a wage and hour class action. Plaintiff Tiffany Henderson, individually and on behalf of a putative class of 414 nonexempt, non‐union employees who were employed at one of Defendants' Valley Recovery facilities in California, and Defendants, have agreed to settle this wage and hour class action for $720,000. Defendants are the corporate owners and operators of a group of five "Valley Recovery Centers" located in Sac...

Excerpt: ...uses of action against Defendant for libel, defamation per se and false light which were all premised on allegations that Defendant posted negative reviews of Plaintiff in December 2020 and March 2021 on Yelp and Google. The Court stated that Defendant was to bring a separately noticed motion for fees. (Id.) Defendant now seeks $37,400 in fees and $228 in costs incurred in connection with the anti‐SLAPP motion and the instant fee motion. The re...

Excerpt: ... court; and (2) a later detailed review after the period during which notice is distributed to class members for their comments or objections. (Conte & Newberg, Newberg on Class Actions (Newberg) § 11.24 (4th ed. 2002.) This procedure assures class members of the protection of procedural due process safeguards and enables a court to fulfill its role as the guardian of the interests of the settlement class. As required by the Rules of Court, the ...

Excerpt: ...tion. In granting or denying a motion for summary judgment or summary adjudication, the Court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review. (Code Civ. Proc. § 437c(q) (as amended effective Jan. 1, 2016).) The motion is made on the grounds that Plaintiffs' and Cross‐Complainan...

Excerpt: ...ant Energy Star Lighting & Electric, Inc. ("Defendant") failed to pay overtime wages, failed to provide meal and rest periods, failed to provide accurate wage statements, failed to keep accurate time records, failed to pay final wages, and failed to reimburse business expenses. The Complaint further alleges that Defendants are liable for civil penalties as a result of the alleged violations. Defendants have denied all of Plaintiffs' allegations. ...

Excerpt: ...hat she was an employee of CDPH who was constructively discharged after a series of conflicts with her supervisor, Dietzen. (See generally, FAC.) The FAC alleges the following causes of action: (1) discrimination based on age under the California Fair Employment and Housing Act ("FEHA"); (2) harassment (FEHA); (3) disparate treatment in violation of public policy; (4) failure to prevent harassment, discrimination, and retaliation (FEHA); (5) reta...

Excerpt: ...as required by Local Rule 1.06(D). Moving counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff/Cross‐Complainant appears without following the procedures set forth in Local Rule 1.06(B). Legal Standard In evaluating a motion for summary judgment or summary adjudication, the Court engages in a three‐step process. First, the...

Excerpt: ...under Section 664.6. This is Plaintiff's second attempt to obtain entry of a stipulated declaratory judgment through Section 664.6 in this action. Plaintiff's previous “Request for Entry of Judgment in Accordance with Already Filed Stipulation for Judgment” was denied. (Register of Actions (“ROA”) 34.) In denying that motion, Judge Brown explained, “The file does not include a complete stipulation signed by both parties, or a proof of s...

Excerpt: ...ch is not applicable to Defendant Celtic, or, in the alternative, should be stricken because Defendant Celtic failed to timely notice the motion; and (2) other fees requested in item number 16, in the amount of $108.50 on grounds that Code of Civil Procedure section 1033.5 prohibits the recovery of postage costs. Plaintiff filed a notice of non‐opposition to Defendant Celtic's motion for summary judgment, which was granted on August 17, 2021. (...

Excerpt: ...uilder Services Group, Inc. and its predecessor TruTeam of California, Inc. BSGI moves for an order quashing Defendant/Cross‐ Complainant Jeff Cable's (“Cable”) four deposition subpoenas for production of business records, served on Cable's counsel on September 13, 2021, directed to the following non‐parties: (1) Knauf Insulation; (2) Johns Manville; (3) CertainTeed; and (4) Owens Corning Insulating Systems, LLC. BSGI alleges the subpoena...

Excerpt: ...y Plaintiff immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Defendant's request for judicial notice is granted. This is a lawsuit to recover funds from Defendant Khushvir Singh for amounts owed pursuant to an educational loan document executed in 2009. Moving Defendant Swarnjit Sekhon is allege...

Excerpt: ... and Jackie Hagen's fifth cause of action for unlawful business practices and unfair competition practices per Business & Professions Code section 17200 alleged in their third amended complaint (“TAC”). The demurrer is ruled on as follows. Defendants specifically demur to the fifth cause of action on grounds that it fails to state facts sufficient to constitute a cause of action. The notice of motion does not provide notice of the Court's ten...

Excerpt: ...ion was “substantially motivated” by a violation of public policy. This action arises out of Plaintiff's termination by Defendant on December 20, 2017. Plaintiff filed his complaint on December 12, 2018. (ROA 1.) On October 8, 2020, the Court granted Plaintiff leave to amend to file his first amended complaint (“FAC”). (ROA 72.) On April 29, 2021, the Court sustained, with leave to amend, Defendant's demurrer to the FAC. (ROA 94.) Defenda...

Excerpt: ...laintiff fails to state facts showing his termination was “substantially motivated” by a violation of public policy. This action arises out of Plaintiff's termination by Defendant on December 20, 2017. Plaintiff filed his complaint on December 12, 2018. (ROA 1.) On October 8, 2020, the Court granted Plaintiff leave to amend to file his first amended complaint (“FAC”). (ROA 41.) On April 29, 2021, the Court sustained, with leave to amend, ...

Excerpt: ...of action for "fraud and deceit" in the Cross‐Complaint of Defendant and Cross‐Complainant Sourdough & Co., Inc. on the basis that the conduct giving rise to this cause of action includes the plaintiff's filing of this lawsuit which is alleged to constitute the cross‐complainant's damages. Plaintiffs and Cross‐Defendants Gurpreet Brar, Harman Brar, Amanpreet Toor, Sukhdev Singh and Arvinbrar, Inc. ("Plaintiffs") have brought a complaint a...