Excerpt: ...Countryhouse's “Memory Care Unit.” Plaintiff Damon Riley, Ms. Riley's son, alleges causes of action for Negligent Infliction of Emotional Distress and Wrongful Death. Plaintiff alleges that Ms. Riley was admitted to the facility to address her dementia, though she was otherwise healthy at the time. They allege that due to the neglect at the facility, Ms. Riley died in August 2019 as a result of injuries sustained from a fall. Plaintiffs alleg...

Excerpt: ...amended ex parte order indicated that the motion and the order were to be personally served on Defendant by 4 p.m. on March 1, 2021. (ROA 335.) On February 17, 2021, this Court denied Plaintiff's motion to compel responses to the subject special interrogatories finding that Defendant's attorney's letter objecting to the discovery on the basis that the discovery was untimely was a response. The Court also found that the discovery was not untimely....

Excerpt: ...k (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the C...

Excerpt: ...eges causes of action against Defendants and Sierra Hematology‐Oncology Medical Center (“Sierra”) for breach of contract, interference with prospective economic advantage, money had and received, conversion, accounting and declaratory relief. Plaintiff has since dismissed the money had and received and conversion causes of action. The action arises out of a dispute under a Shareholder Agreement pursuant to which Plaintiff was issued shares ...

Excerpt: ...on papers as plaintiff has not been prejudiced by the late service, and the court is also considering the late filed reply papers filed two court days before the hearing. This action arises out of the parties' real estate development business. Plaintiff alleges that he invested money in the LLC that he formed with defendant to develop properties, but that defendant has not properly accounted for the funds, has not developed the property, and has ...

Excerpt: ...ended Complaint, filed August 24, 2020. The omission of these defendants by the Barrows serves as a dismissal without prejudice. An amended complaint may add or omit parties. If it omits a defendant named in the original complaint, it serves as a dismissal without prejudice as to that defendant. Kuperman v Great Republic Life Insurance Co. (1987) 195 Cal.App.3d 943, 947. Defendant seeks judgment on the pleadings, with prejudice, based on the alle...

Excerpt: ...orporation on January 20, 2018. Plaintiffs contend the Subject Vehicle was sold with an implied warranty of merchantability from both GM and Roseville Motor Corporation pursuant to Civil Code § 1792. Plaintiffs allege that during the warranty period, the Subject Vehicle contained or developed non‐ conformities, including but not limited to a defective engine. Plaintiffs contend that the non‐ conformities substantially impair the use, value a...

Excerpt: ...' land. Plaintiffs allege causes of action for invasion of privacy, trespass, fraud, negligent misrepresentation, and unlawful business practices. Plaintiffs allege that Defendants took dishonest steps designed to get Plaintiffs to sell their property for below‐market value and/or to move their business. (First Am. Compl. ¶¶ 13, 63.) In particular, Plaintiffs allege that Defendants created and deployed a fake air monitoring device affixed wit...

Excerpt: ...hour violations, constituting: (1) violation of Cal. Labor Code §§ 226.2, 510, 1194, and 1197; (2) violation of Cal. Labor Code §§ 226.2, 226.7, and 512; (3) violation of Cal. Labor Code §§ 226.2 and 226.7; (4) violation of Cal. Labor Code §§ 226(a) and 226.2; (5) violation of Cal. Labor Code § 2802; and (6) violation of Cal. Bus. & Prof Code § 17200, et seq. (See generally Compl.) Plaintiff alleges that because blood examiners like her...

Excerpt: ...d Rescue, LLC, dba Inventure X (“InventureX”) and Plaintiff wherein InventureX agreed to conduct a digital marketing campaign for Plaintiff (“the Agreement”). The Agreement provides the digital marketing campaign would be split into three, separate phases: (1) Pre‐Launch Marketing ‐ 60‐day period; (2) Generate Funding and Exposure ‐ 30‐day period; and (3) Post‐Funding Phase ‐ 30‐day period. The form first amended complaint...

Excerpt: ... matter, the Court acknowledges that Plaintiff filed a notice of order granting Plaintiff's appeal to the bankruptcy panel of the Ninth Circuit and staying remand. (See ROA 218.) As such, Plaintiff argues the Court is divested of jurisdiction to hear the instant motion. On reply, Defendant argues that Plaintiff's appeal involves an entirely unrelated bankruptcy matter to the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) and her bankruptcy ...

Excerpt: ...tiff's purchase of real property. On May 13, 2020, Defendants propounded form interrogatories, special interrogatories, requests for admission, and requests for production of documents on Plaintiff. (Jones Decl. ¶ 2, Exhs. 1‐4.) Defense counsel ultimately filed a motion to compel, which the Court heard on November 12, 2020, after Plaintiff's ex parte application to extend time to file an opposition. (Jones Decl. ¶ 8.) The motion to compel was...

Excerpt: ...tion with alleged sexual assault allegations arising at California State Prison, Los Angeles. Defendant alleges (1) it is immune from suit pursuant to Government Code section 844.6; and (2) the alleged violations of California Code of Regulations, title 15, and the Penal Code do not support a private right of action. Background Plaintiff alleges he was assaulted by CDCR employees on November 2, 2019, at California State Prison, Los Angeles County...

Excerpt: ...ons to Defendant Rebecca Borrero were deemed admitted on August 27, 2020. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face...

Excerpt: ...endant John Black was a minister and that her mother, co‐Defendant Kelli Black was a member. Plaintiff alleges that Mr. Black sexually molested her from the time she was eleven in 1994. (Comp. ¶¶ 15‐29.) She alleges that the abuse occurred in her home and also at the Church. Plaintiff alleges that her mother took her to see Dr. Williams for counseling but that Dr. Williams looked “menacingly” at her and told her that “we don't lie on ...

Excerpt: ... to a mandatory contractual forum selection clause designating Massachusetts as the exclusive forum. In the complaint Plaintiff alleges causes of action against moving Defendants and others (Gray Line Corporation, Inc. and Gray Line Las Cabos) for false advertising in violation of Business & Professions Code § 17500 et seq., violation of the Consumer Legal Remedies Act (“CRLA”) and for unfair completion in violation of Business & Professions...

Excerpt: ...iffs Ricardo Gomez and Ricardo Gomez, Sr. as class representatives for purposes of settlement; 3. Preliminarily appointing the Shimoda Law Corp. as Class Counsel for purposes of settlement; 4. Preliminarily approving the proposed class action settlement, in the amount of $1,100,000; 5. Preliminarily approving the application for payment to Class Counsel of attorneys' fees in the amount of $385,000 (35% of the Gross Settlement Amount); 6. Prelimin...

Excerpt: ...ed land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's recordat...

Excerpt: ...Bandley (hereinafter "plaintiff”), to submit her elder abuse claim to binding arbitration. The petition is GRANTED as set forth below. Defendants' petition is made on the grounds that Ms. Souza, through her agent Lorraine Alves, executed a valid residency agreement containing an arbitration agreement that governs the elder abuse claim asserted against Defendants in the operative Complaint. Defendants' objections to the declaration of Ms. Clemen...

Excerpt: ...gal counsel's mistake, inadvertence, and excusable neglect, it failed to timely file its application pursuant to Code of Civil Procedure section 683.120 seeking renewal of its lump sum money judgment against Defendant in this action. Specifically, Plaintiff failed to apply for renewal of the judgment within the 10‐year period provided under Code of Civil Procedure section 683.130(a). Plaintiff's application was rejected for filing by the Clerk ...

Excerpt: ...ion for sanctions in the amount of $1,980 is GRANTED. Kronick and Scheidt move for an order compelling plaintiffs' person‐mostknowledgeable deposition(s) by defendants to resume beginning on March 8, 2021, and to continue day to day thereafter until completed. Defendants' objections to Golden's evidence in opposition are ruled upon as follows: Overruled ‐ Nos. 1, 2, and 3. The action currently has a trial date of April 19, 2021, with a discov...

Excerpt: ...�SAC”) filed October 1, 2019. The SAC is unverified, consists of 118 pages not including exhibits, 514 paragraphs, and six separate causes of action against Fines denoted as: (1) Misappropriation of Trade Secrets, Civ. Code §§3426, et seq.; (2) Breach of The Employee Duty of Loyalty, Labor Code §§ 2863, 2860; (3) Breach of Contract; (4) Intentional Interference with Contractual Relationship; (5) Intentional Interference with Prospective Eco...

Excerpt: ...D as set forth below. Plaintiff's Complaint alleges a claim for forcible detainer against Defendant pursuant to Code of Civil Procedure 1160(1). Plaintiff alleges the following facts: On or about March 13, 2013, Plaintiff granted a life estate to Bjelland, subject to certain requirements, as to certain portions of the real property identified by Assessor's Parcel Numbers 134‐280‐079 and 134‐280‐080, commonly known as 10565 Arno Road, Galt...

Excerpt: ...ourt shall review and approve any settlement of any civil action filed pursuant to this part." (Lab. Code § 2699(l)(2).) Plaintiff and Defendant have reached a mediated settlement of the PAGA claims as specified in the motion and supporting declaration of counsel, and request the court's review and approval. Defendant owns and operates bagel bakeries within the State of California. Plaintiff worked for Defendant as a Customer Service Team Member...

Excerpt: ...d language above), to participate in oral argument on the continuance date. Defendant California Department of Corrections (“CDCR”) demurs to Plaintiff Monrell D. Murphy's complaint. The demurrer is ruled on as follows. Plaintiff sued CDCR alleging a cause of action for general negligence in connection with alleged sexual assault allegations arising at California State Prison, Los Angeles. Defendant alleges (1) it is immune from suit pursuant...

Excerpt: ...ide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiffs immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Plaintiffs appear without following the procedures set forth in Local Rule 1.06(B). This case arises from the medical treatment of sixteen year‐old decedent Alejandro Perez (“Decedent”). Decedent, who...

Excerpt: ...suant to Code of Civil Procedure section 1030. (See ROA 23.) The order on the motion was entered on November 16, 2020 (see ROA 27), and the notice of entry of order was filed on November 20, 2020, showing electronic service on November 9, 2020 (see ROA 28). Plaintiff was ordered to file the undertaking within 30 days of service of the order granting Defendant's motion. Code of Civil Procedure section 1030(d) provides: “The plaintiff shall file ...

Excerpt: ...st 29, 2016, alleging medical malpractice. (See ROA 1.) The proof of service filed by Plaintiff Alan Penan states that Defendant was served with the summons and complaint via personal service on April 19, 2017. (See ROA 108.) The address for service was 6533 Melrose Drive, North Highlands, California 95660. (See id.) Service was effectuated by a registered process server. (See id.) Defendant Molina's default was entered on September 25, 2020. (Se...

Excerpt: ... the property owned by Plaintiffs which is the subject of the instant litigation, located at 8106 Stevenson Avenue, Sacramento, California (“Subject Property”). Defendant asks for sanctions against Plaintiffs and their counsel for their willful prevention of the site inspection being held on January 21, 2021, the date specified in the Demand for Site Inspection. Defendant contends it must obtain access to the property to evaluate the conditio...

Excerpt: ...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). The Court notes that Plaintiff purports to conditionally lodge documents, including even the memorandum of points and authorities, presumably on the basis the documents contain confidential information. However, Plaintiff did not file a motion or application to seal...

Excerpt: ...iation for demanding wages due to wrongful termination, defamation, assault, and battery. Plaintiff alleges that Defendant ISS Facility Services, Inc. (“ISS”) was his employer. Plaintiff also “sues fictitious defendants Does 1 through 50 . . . because their names and/or capacities and/or facts showing them liable are not known presently.” (FAC ¶ 5.) Defendant alleges the Doe Defendants were “the agent and/or employee of every other def...

Excerpt: ...the care he received at the Woodland Skilled Nursing Facility. The Decedent alleges causes of action for elder abuse and violation of the Patients' Bill of Rights (Health & Safety Code § 1430). Plaintiffs Geraldine Taylor, Diane Hohn and Thomas Taylor assert causes of action for negligent infliction of emotional distress and wrongful death. Defendants seek to compel the dispute to arbitration pursuant to an Arbitration Agreement signed by Diane ...

Excerpt: ... Management until is dissolved in November 2020. Defendants argue that they were never served with the complaint and did not discover the existence of this action until December 7, 2020 when Defendant Timofey's bank accounts were levied upon. They argue that Plaintiff PNC Equipment Finance served them by way of substitute service at 2721 Grove Avenue in Sacramento despite the fact that Defendant Timofey has not resided at that address since 2014....

Excerpt: ...g to Defendants, because they had filed their answer, Plaintiff no longer was able to file an amended complaint as a matter of right pursuant to CCP § 472. The first amended complaint only added a single cause of action seeking penalties pursuant to Labor Code § 2698 et seq. (Private Attorneys General Act of 2004 [“PAGA”].) PAGA allows aggrieved employees to bring civil actions to recover civil penalties for violations of the Labor Code aft...

Excerpt: ...lowing for a percentage of the gross recovery and also provided her a charging lien for any sums owing for unpaid fees and costs. Ms. Palmieri alleges that she associated with Defendants in June 2016 and recommended that Ms. Gilliland follow her. She alleges that Defendants agreed to a division of fees pursuant to which Ms. Palmieri would be paid a minimum of 20%. She alleges that she ultimately agreed to employment with the United Law Center bas...

Excerpt: ...tuated individuals who have or continue to work for Defendant Maita Enterprises, Inc. in California at any time within one year prior to November 19, 2019. The PAGA claims were premised on the alleged failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, failure to keep accurate time records, and failure to reimburse necessary business expenses. The PAGA s...

Excerpt: ...tment for pneumonia that he received at Sutter Roseville Medical Center in October 2017. He alleges that Defendant's negligence resulted in him suffering a stroke and post‐stroke disabilities. Defendant's separate statement includes the following: Plaintiff presented to the Emergency Department on Marin General Hospital on September 3, 2017. (UMF 1) On October 11, 2017, plaintiff was admitted to St. Helena Hospital Clearlake with a diagnosis of...

Excerpt: ...ce at her property located at 3071 E.Curtis Drive in Sacramento (“Property”). It alleges that Defendant unlawfully installed a hot tub in her front yard and constructed a masonry wall without obtaining the necessary permits. Plaintiff alleges four public nuisance causes of action for violation of Civil Code §§ 3479, 3480 and various provision on the Sacramento City Code. Plaintiff now moves for summary judgment on the basis that Defendant f...

Excerpt: ...f good faith and fair dealing (insurance bad faith) in connection with his claim for insurance benefits with respect to an insurance policy for his 2002 Fleetwood Truck Camper (“Camper”). Plaintiff alleges that the Camper sustained water damage from a leak in the roof and that Defendant breached the terms of his insurance policy when it denied his claim. He also alleges that Defendant acted in bad faith by unreasonably withholding payments un...

Excerpt: ...ained with leave to amend for failure to state facts sufficient to constitute a cause of action. Defendant's Request for Judicial Notice is granted. Plaintiff alleges causes of action for professional negligence, breach of contract, and breach of fiduciary duty arising out of defendant's representation of plaintiff as a courtappointed public defender in the underlying criminal case, Sacramento County Superior Court Case No. 99F09138. Plaintiff al...

Excerpt: ...o expunge is made on the ground that Theis's Amended Cross‐Complaint does not contain a cause of action which would, if meritorious, affect Theis's title or possession of specific real property, and that the lis pendens is void because Theis failed to comply with the service requirements. Plaintiffs Batchelor and Edward Tillman, LLC ("Plaintiffs") filed a complaint against Theis and Andreas Rodriguez ("Defendants") in June 2020, alleging nine c...

Excerpt: ...e 3.769 (g).) A presumption of fairness exists where: (1) the settlement is reached through arm's‐length bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions supra, § 11.41, pp. 11‐91.) On December 3, 2020, the court preliminarily approved the set...

Excerpt: ...t request for reasonable expenses including attorney's fees pursuant to Code of Civil Procedure section 1987.2(a) against plaintiff and cross‐defendant George S. Batchelor (“Batchelor”) and his counsel in the amount of $3,060 (or $7,200) is DENIED. Theis' concurrent request for a protective order prohibiting the production of private personal and financial information contained in the subpoenaed records is DENIED. Batchelor's defensive requ...

Excerpt: ...ent requests for sanctions are denied. The statutory bases of Champ's motion are not clear from its moving papers. Champ's motion cites 2030.010, et seq., [i.e. Code of Civil Procedure, part 4, title 4, chap. 13, Art. 1 consisting of sections 2030.010 to 2030.090] and specifically cites Section 2030.090(d). The series of statutes cited by Champ describe only the general rules for propounding written interrogatories. And Section 2030.090(d) provid...

Excerpt: ...the Court shall conduct a final approval hearing to inquire into the fairness of the proposed settlement. (Cal. R. C.t 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newb...

Excerpt: ...Council 16 Internat. Union of Painters & Allied Trades (2015) 234 Cal.App.4th 524, 535.) However, the Court notes that the governmental suggestion form subject to the request states that it was revised “10/2019,” and consists of at least two pages with instructions on the back and attached program rules on another page. Shah alleges he submitted the suggestions at issue in the SAC in 2006 and 2007, and the other referenced pages are not provi...

Excerpt: ...icient to support Plaintiff's prayer for punitive damages and/or attorney's fees. Legal Standard A motion to strike challenges portions of a complaint that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐1683; see also Code Civ. Proc. § 437.) The Court does not consider extrinsic evidence in considering the motion. More specifically, a motion to strike should be granted ...

Excerpt: ...endant was served with the summons and complaint via personal service on April 19, 2017. (See ROA 108.) The address for service was 6533 Melrose Drive, North Highlands, California 95660. (See id.) Service was effectuated by a registered process server. (See id.) Defendant Molina's default was entered on September 25, 2020. (See ROA 133.) In support of the instant motion, Defendant filed a declaration stating he was never served with any document ...

Excerpt: ...d the complaint on October 13, 2018, alleging causes of action for (1) Uniform Controlled Substances Abatement Act, Health & Safety Code § 11570, et seq.; (2) public nuisance, Civil Code §§ 3479, 3480; (3) social nuisance, Sacramento City Code Chapter § 8.08.080; and (4) unlawful cultivation of cannabis, Sacramento City Code Chapter § 8.132. (ROA 1.) On December 1, 2020, Plaintiffs dismissed the second and third causes of action. (ROA 60.) P...

Excerpt: ...under Business & Professions Code § 17200, et seq. Defendant specifically demurs to the complaint on the following grounds: (1) the first cause of action for legal malpractice fails to state facts sufficient to constitute a cause of action because Plaintiffs have not filed within the statute of limitations; (2) the second cause of action for negligence fails to state facts sufficient to constitute a cause of action because Plaintiffs have not fi...