Excerpt: ...laint in July 2018 alleging causes of action against Defendant Kiene and others for breach of lease and guaranty. Defendant Kiene and Gary Eblen then filed a cross‐complaint against Plaintiff and Taylor's Investment Co. for negligence, breach of contract and more. The cross‐complainants alleged that rental obligations were excused as a result of environmental issues which led them to vacate the subject premises. Taylor's Investment Co. is the...

Excerpt: ...Southgate's concurrent motion for monetary sanctions is denied as the motion is not opposed. Diede's "Non‐opposition" to the motion contains several arguments explaining or justifying the past conduct of the parties regarding this production, and arguing against the imposition of sanctions. However, since Diede represents in the opening sentence that it does not oppose the motion to compel, the remaining arguments in the nonopposition shall be ...

Excerpt: ...en he was sentenced to prison for life he entrusted his savings, a retirement account containing $114,730 as of August 2012, to defendant who was his childhood friend. In that respect, Plaintiff alleges that he gave defendant a power of attorney. Plaintiff alleges that he directed Defendant to access the account and pull out $11,000 and put $10,000 on his books. Plaintiff alleges that in September 2012 he discovered that half of the retirement ac...

Excerpt: ...oduce the custodian of records for all categories specified in the deposition notice, is DENIED as set forth below. Plaintiff's concurrent motion pursuant to Code of Civil Procedure section 2023.010, et seq., 2030.010 et seq., and 2031.010 et seq for terminating, issue, and evidentiary sanctions is DENIED. Plaintiff's concurrent motion for monetary sanctions in the amount of $10,000 is DENIED. The Court initially observes that Code of Civil Proce...

Excerpt: ...ligence, including that of Dr. Manalo. Marshall Schilling alleges a dependent claim for loss of consortium due to Regina Schilling's injury. Dr. Manalo moves for summary judgment upon the grounds that undisputed facts show his medical care and treatment of plaintiff Regina Schilling met the applicable professional standard of care, and did not cause or contribute to her alleged injuries. Dr. Manalo moves for summary judgment as to Marshall Schill...

Excerpt: ... in order to add among other allegations a PAGA cause of action. (Plaintiff provided PAGA notice to the Labor Workforce Development Agency (“LWDA”) on November 12, 2020.) The parties have stipulated to this amendment in order to complete the proposed settlement in full. Although such an amendment would usually require a separate noticed motion, the Court will grant leave here in order to position the action for settlement and effectuate the p...

Excerpt: ... opposes the motion. Plaintiff filed this action on May 12, 2020. Her Complaint alleges one putative class action claim pursuant to Business and Professions Code section 17200 et seq. which in turn is founded upon alleged violations of the Labor Code including misclassification as independent contractors, failure to pay overtime, failure to provide meal periods and rest periods, failure to pay minimum wage, and failure to reimburse business expen...

Excerpt: ...erruled. Plaintiffs' Request for Judicial Notice of specified items in the Register of Actions in this case is granted. This elder abuse action arises out of the care and treatment plaintiff Helen Williams ("Ms. Williams") received while she was a resident of Manor Care, a skilled nursing facility in Citrus Heights, California, in January and February of 2018. Plaintiffs' demand seeks to inspect Ms. Williams' PHI/EHR (Health Record) at the highes...

Excerpt: ...s final. The defendants jointly and individually move on the following grounds: 1)The defendants, individually or vicariously, complied with the required standard of care in treating plaintiff Christopher Miller, negating breach of duty; 2) there is an absence of legal causation between any negligent act and/or omission on the defendants' parts individually or vicariously and injury to plaintiff Christopher Miller; and, 3) The defendants, individ...

Excerpt: ...nty Sheriff Deputies had mistakenly entered his building when searching for a transient who had been reportedly trespassing at the adjacent commercial building next door. Plaintiff's First Amended Complaint alleges causes of action for violation of his civil rights and related claims. Defendants have submitted facts in their separate statement and supporting evidence that deputies responded to a late night call regarding a trespass and burglary a...

Excerpt: ...pay Plaintiffs' reasonable attorney's fees, costs, and expenses with Plaintiffs as the designated prevailing party Civil Code § 1794(d). Under the Song‐Beverly Consumer Warranty Act, Crv. Code § 1791 et seq., the prevailing buyer is entitled to recover reasonable attorney's fees, based on actual time expended, and court costs and expenses. Civil Code § 1794(d). Thereafter the settlement was delayed when the vehicle was in an accident and a s...

Excerpt: ...nistrative agencies that are referenced in the plaintiff's complaint. Plaintiff Patrick Notestine's ("Plaintiff or "Notestine") Complaint ("Compl.") alleges a third cause of action against Defendant Patriot Environmental Services, Inc. ("Defendant" or "Patriot") pursuant to the Private Attorneys General Act, Labor Code §§ 2698, et seq. ("PAGA"). Plaintiff seeks to recover civil penalties on behalf of all "current or former employees of Defendan...

Excerpt: ...March 23, 2015. This motion was placed on today's calendar after the Court granted Defendants' ex parte application for an order shortening time on March 24, 2021. Defendants move for a protective order pursuant to CCP § 2034.250 in connection with Plaintiffs' demand for exchange of expert witness information that was served on March 10, 2021. According to Defendants, the demand was duplicative of the previous demand served in March 2020. Defend...

Excerpt: ...assment based on disability, retaliation, failure to engage in the interactive process. She also alleges the Tenth Cause of Action for Intentional Infliction of Emotional Distress (“IIED”) which is the subject of the instant demurrer. Plaintiff began her employment with CSU in 1989 and is currently employed as an Administrative Support Coordinator I. She alleges that she suffers from numerous physical disabilities including anxiety and depres...

Excerpt: ...motion is opposed by co‐ defendant L.A.'s Best Security, Inc., dba American Calstar Security ("LABS"). The factual allegations of Plaintiff's action, the procedural history of the action, and the terms of the conditional settlement are all well described in the moving papers and need not be recited here. The California Supreme Court's opinion in Tech‐Bilt, Inc. v. Woodward‐Clyde & Assocs. (1985) 38 Cal. 3d 488, guides the court's inquiry un...

Excerpt: ... reopen discovery. This is Plaintiff's fourth attempt to try to reopen discovery. Plaintiff calls her motion an “objection to sanctions,” and she objects to the $852.50 in monetary sanctions that were awarded to Defendants pursuant to CCP § 128.5 on January 26, 2021. Plaintiff asks this Court to vacate the sanctions order, but she also asks the Court to vacate “all the orders.” A full reading of her moving brief reveals that Plaintiff, f...

Excerpt: ...tax liability. Defendants seek a protective order pursuant to CCP § 2017.020(a) which allows a court to limit discovery if it determines that “the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.” (CCP § 2017.020(a).) To that end, they seek a protective order stating that they do not need to respond to any further discovery unt...

Excerpt: ...e building permits in violation of numerous provisions of the County Code. Plaintiff previously sought a TRO/OSC re: preliminary injunction which the Court denied on November 20, 2020. (ROA 11) The Court found that the application did not contain sufficient evidence to show irreparable harm or emergency as there was no evidence that the ADU was occupied at the time and that the argument that unpermitted construction presented a risk of public har...

Excerpt: ...er real property at 8529 Bond Road in Elk Grove. JJD's predecessor‐in‐interest Elk Grove Marketplace, LLC entered into a lease agreement with Jo‐Ann's predecessor‐in‐interest FCA of Ohio, Inc. dated June 13, 2003 (“Lease”). JJD is the landlord and Jo‐Ann is the tenant under the Lease. JJD contends that certain provisions in the Lease setting forth when Jo‐Ann would pay reduced “alternative” or “Substitute Rent” in Sectio...

Excerpt: ...nses to Defendant's special interrogatories nos. 4, 8, 12, 17 and 20. These interrogatories asked Plaintiff to identify documents which she relied upon to support her contentions regarding Defendant's liability. For each interrogatory Plaintiff interposed numerous boilerplate objections, including objections based on relevance, that the interrogatories were overbroad and premature, called for expert witness information and a legal conclusion. Sub...

Excerpt: ...n this action, Plaintiff Pamela Palmieri (“Plaintiff Palmieri”) alleges that she represented Plaintiff Kayrinkia Gilliland (“Plaintiff Gilliland") in a foreclosure‐related matter. She alleges that she had a contingency fee agreement allowing for a percentage of the gross recovery and also provided her a charging lien for any sums owing for unpaid fees and costs. Plaintiff Palmieri alleges that she associated with Defendants in June 2016 a...

Excerpt: ...stence or non‐existence of a triable issue of material fact. *** Defendant the State of California by and through the 36th District Agricultural Association aka Dixon May Fair's ("Defendant" or "District” or the "36th District") Motion for Summary Judgment Or, In The Alternative, Summary Adjudication is DENIED. This case arises out of a collision between a golf cart and a two‐year‐old boy at the 2018 Dixon May Fair. The District is a stat...

Excerpt: ...leging causes of action for breach of contract, breach of the covenant of good faith and fair dealing, “deceit,” “concealment,” based on allegations that Plaintiff charges credit card interest in excess of allowable rates. Nowhere in the cross‐complaint does Defendant indicate that he seeks to represent a class. Nevertheless, he now brings the instant motion seeking to certify his crosscomplaint as a class action. He indicates that the ...

Excerpt: ...oom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendants V. Penmetcha, M.D., A. Johnson, M.D., and S. Hill (collectively, “Defendants”) demurrer to Plaintiff Mervin LeRoy's (“Plaintiff”) First Amended Civil Complaint (“FACC”) is sustained with leave to amend. Plaintiff's currently‐operative “First Amendment Civil Complaint” (“FACC”) is actually the Second Amende...

Excerpt: ...olve whether the Demurrer disposes of the causes of action asserted by Plaintiff in his complaint in their entirety.” The continuance provided that the reply briefing would be due according to the new hearing date. No reply brief was filed. Defendant demurs to the first cause of action for common counts for unjust enrichment, second cause of action for constructive trust, and third cause of action for account on the grounds that each cause of a...

Excerpt: ... cause of action for fraud (negligent misrepresentation), third cause of action for fraudulent concealment, breach of fiduciary duty, and breach of covenant of good faith and fair dealing. Defendant's issues for summary adjudication are: (1) Plaintiff's claims for fraud ‐ intentional misrepresentation, fraud ‐ negligent misrepresentation, and fraudulent concealment, breach of fiduciary duty, and breach of covenant of good faith and fair deali...

Excerpt: ... Plaintiffs allege that on September 16, 2016, the Decedent was working in the course and scope of his employment with Goodwill Industries as a "Loader and Unloader." Plaintiffs allege that the Decedent was checking the alignment of a container being unloaded from a "roll‐off‐hoist‐truck" when he was fatally injured. Plaintiffs allege causes of action for strict products liability, negligence (products), negligence, and a "survivor's action...

Excerpt: ... an intervening reassignment of the case between the Law & Motion Departments, and late filed papers. After a continuance of the hearing from October 29, 2020 to February 4, 2021, at Plaintiffs' request, the new date for Plaintiff to file any opposing papers became January 21, 2021. Plaintiff filed no opposition to this motion by that date. The Court's register of actions indicates the Court's receipt of an opposition brief from Plaintiff on Janu...

Excerpt: ...nts, LLC (GGH); and GG E16 Apartments, LLC (GGE), is DENIED as set forth below. Plaintiffs (HLocal and ELocal), are limited liability companies. Plaintiffs are members of other limited liability companies (HApt, EApt) which are in turn members of other limited liability companies (GGH and GGE). GGH and GGE separately own two apartment buildings in midtown Sacramento. GGH and GGE have decided to sell their buildings to a third‐party. Plaintiffs ...

Excerpt: ..., on the grounds that the proposed class action and PAGA settlement are fair, reasonable, and adequate as to all class members and should be given final approval by the Court. Plaintiff moves for an order: 1. Certifying the proposed class herein for purposes of settlement; 2. Appointing Plaintiff Raul Vasquez Vanegas as Class Representative for purposes of settlement; 3. Appointing the Shimoda Law Corp. as Class Counsel for purposes of settlement...

Excerpt: ...wing grounds: 1. the negligence cause of action is barred by the one‐year statute of limitations pursuant to Code of Civil Procedure §340.5, it is uncertain and ambiguous, and it fails to state facts sufficient to constitute a cause of action; 2. the premises liability claim is uncertain and ambiguous, and fails to state facts sufficient to constitute a cause of action; 3. the “vicarious liability” cause of action fails to state a viable t...

Excerpt: ...rately upon the ground that Plaintiff's claims against him are barred by the statute of limitations. The question presented upon demurrer is whether the plaintiff has alleged sufficient facts in the complaint to justify relief on any legal theory. (Service by Medallion, Inc. v. Clorox Co. (1996) 44 Cal.App.4th 1807, 1811‐1812.) The trial court is required to give the complaint a reasonable interpretation, and to treat the demurrer as admitting ...

Excerpt: .... KB defendants seek to redact three matters from their concurrent motion: (1) the Plaintiff's name; (2) the settlement amount; and (3) the portion of the settlement allocated to Plaintiff's lost wages. Protection of the Plaintiff's identity is appropriate and consistent with the use of an alias in this action in accordance with California Rules of Court, Rule 1.201. To the extent the KB defendants seek to redact the Plaintiff's true name, the mo...

Excerpt: ...pen book account and violation of Business and Professions Code § 17200. The complaint arises from allegations that Defendant is an alcoholic beverage wholesaler and charges its customers 2% per month on unpaid balances that are 43 or more days past due in violation of the 1% limit in Business and Professions Code § 25509(a). (Comp. ¶¶ 1, 2.) Plaintiff alleges that it operated a cantina in Sacramento between November 2015 and August 2018 and ...

Excerpt: ...e is granted. Only Plaintiff Brian Bigelow submitted an opposition through counsel. While Counsel's motion to withdraw as Mr. Bigelow's counsel of record was granted on March 3, 2021, the ruling indicated that the Court will sign the order submitted, which shall be “effective upon the filing of the proof of service of th[e] signed order upon the client.” The Court signed the order on March 8, 2021, though counsel did not have time to serve th...

Excerpt: ...st, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal.App.4th 690, 694), all evidence submitted in support in support of or in opposition to the motion must be addressed to the ...

Excerpt: ...ional discovery. Then on 1/28/2021 Judge Krueger recused himself from this matter, which resulted in this matter being transferred to this department and re‐set for hearing on 3/24/2021. The Court's 1/28/2021 order transferring this matter specified that no further briefing on this matter would be considered unless leave of court was obtained. The Court now rules as follows. *** If oral argument is requested, the parties are directed to notify ...

Excerpt: ... 2021 at Plaintiff Stella Altraide's request. Judge Krueger then recused himself from this matter on January 27, 2021, which resulted in this matter being transferred to this department and re‐set for hearing on today's date. While Plaintiff did not file a timely opposition in connection with the January 27, 2021 hearing, she has filed an opposition in connection with the re‐set hearing. Given the dispositive nature of the motion, the Court c...

Excerpt: ...s”), Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 6, 10, 11‐33, 41, and 80 relate to Defendant's investigation and analysis regarding the Defects. Requests Nos. 8, 9, 54, 58, 59 and 76 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevance, burden a...

Excerpt: ... summons and complaint within three years as required by CCP § 583.210. SGN was ultimately served with the cross‐ complaint on January 10, 2021 when Centex served Stuart Nelson, a former director of SGN. Both parties' requests for judicial notice are granted. Centex opposes the motion on the basis that service was timely under the circumstances of the case. Pursuant to CCP § 583.210, “the summons and complaint shall be served upon a defenda...

Excerpt: ...ntiff previously sought and received a temporary restraining order (“TRO”) freezing financial accounts held by any Defendant with any financial institution within the United States (pending and/or in lieu of attachment) above $5,000 per institution, and prohibiting disposition of any assets, records, and other items acquired by Decedent or her estate. The requested TRO was subject to a monthly spending allowance of $5,000 for California resid...

Excerpt: ...irected to contact Plaintiffs' 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Plaintiffs' request for judicial notice of orders in other cases in federal district court actions and an Los Angeles Superior Court ruling...

Excerpt: ... the objections to the late filed evidence because it has given respondent the opportunity to file a sur‐opposition. Respondent's Request for Judicial Notice is granted. The Court takes judicial notice of the existence of the documents but not the truth of the matters stated therein. However, if a plaintiff alleges compliance with the claims presentation requirement, but the public records do not reflect compliance, the governmental entity can ...

Excerpt: ...not serve the proposed order on them. Defendants contend this failure is a due process violation under the United States and California Constitutions. Defendants also contend they did not have a sufficient amount of time to review the proposed order before it was submitted to the Court. On January 5, 2021, Plaintiff served Defendants with a Proposed Order. (ROA 35.) The Order signed by the Court on January 12, 2021, is different than the Proposed...

Excerpt: ... cart and a plaintiff, a two‐year‐old boy, at the 2018 Dixon May Fair. An employee of co‐defendant Professional Event Service, Mr. Meek, drove the golf cart over Plaintiff David S. Cruz Abundio ("Plaintiff'), causing him permanent brain damage. District has filed a motion for summary judgment set for hearing on April 7, 2021. (See February 10, 2021 ex parte Order, ROA 279) The plaintiff's opposition to that motion is due March 24, 2021. On ...

Excerpt: ...e is granted. Cross‐complainant's Objections to Evidence: Overruled for the reasons stated in the response to objections. Cross‐defendant's Objections to Evidence Sustained as to No. 1 (hearsay). Overruled as to No. 2, 3, 4, 5, 6, 7, and 8. Plaintiff/cross‐defendant Bank contends Cross‐complainant Kronick violated former Rules of Professional Conduct ("RPC") Rules 3‐310 and 3‐600 by failing to obtain a written waiver of conflict from ...

Excerpt: ...emurrer to the First Amended Complaint filed by the plaintiff, Mitchell Development Enterprises, Inc. is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. Mitchell Development's First Amended Complaint alleges that defendants violated his constitutional rights in connection with the administrative review of his challenge to his tax liability. Defendants contend plaintiffs causes of action essenti...

Excerpt: ...all causes of action without leave to amend, but on a "motion to clarify" ruled that the demurrer was sustained with leave to amend so that plaintiff could exhaust his administrative remedies with CalPERS. Plaintiff asserts that the dispute with CalPERS is now resolved and that the Second Amended Complaint does not seek to change the benefit he is receiving through CalPERS but instead a certain retirement benefit that SDRMA agreed to give him. Pl...

Excerpt: ...r judicial notice is granted. In this dental malpractice action, Plaintiff seeks damages from Defendants Thomas N. Ludlow, DDS, and his practice doing business as Expressions in Dentistry, who operates as a general dental practice in Folsom, California, and Will Koett, Jr., DDS. The complaint alleges Plaintiff was harmed by Defendants' purported improper and unauthorized extraction of several of her teeth, removal of crowns, and administration of...

Excerpt: ...ly, “Plaintiffs”) filed a motion for preliminary approval of class action settlement, which was set for hearing before Judge Mesiwala in Department 53 on January 21, 2021. (ROAs 31‐33.) On January 20, 2021, Judge Hom issued a tentative ruling granting Intervenors' motion to intervene. (ROA 65.) After the hearing on January 22, 2021, Judge Hom took the matter under submission. (ROA 71.) On January 20, 2021, this Court issued a tentative ruli...