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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: .... (“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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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...