Excerpt: ... notice is granted. This litigation arises from a real estate purchase and sale agreement for the purchase of an apartment building in Sacramento. Cross‐Complainant Howe Manor, Inc., as seller, alleges in its cross‐complaint causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) violation of Business & Professions Code § 17200. Cross‐Complainant alleges Cross‐Defendant engaged ...

Excerpt: ...ary adjudication on January 13, 2021. Among the exhibits filed in support of the motion are two documents which Defendant argues are, by their terms and the commitment of the parties, confidential. Defendant moves to file under seal (1) the Flow Subservicing Agreement between Bank of America National Association, Servicer and Bayview Loan Servicing, LLC, Subservicer, dated August 1, 2012 (“the Subservicing Agreement”); and (2) the settlement ...

Excerpt: ...er Code of Civil Procedure section 526a to Prevent Illegal Expenditure of Funds”; third cause of action for “Violations of California Constitution, Article I, Section 7‐EQUAL PROTECTION”; fourth cause of action for “Violation of United States Constitution, Amendment 14‐EQUAL PROTECTION"; and fifth cause of action for “Breach of Statutory/Mandatory Duties” in Plaintiff Susan Lea's first amended complaint (“FAC”). The demurrer i...

Excerpt: ...nded complaint removing the declaratory relief cause of action. The first amended complaint sets forth a single cause of action for penalties pursuant to PAGA based on numerous alleged Labor Code violations. Defendant moves to compel arbitration pursuant to an arbitration provision contained in the “Twitch Affiliate Agreement” that Plaintiff was required to accept to become a broadcaster or “streamer” on Twitch. The provision provides tha...

Excerpt: ...tal disclosure indicated that “Mr. Kayfetz is an expert in the fields of visibility studies, comparison photogrammetry, and computer virtual reality simulations.” (Krieger Decl. ¶ 2, Exh. A.) According to Lyft, Mr. Kafyfetz has been designated to testify on a subject for which Alford and Dunivin already designated an expert and/or to testify on a subject not raised by any other party which it contends violates CCP § 2034.280. CCP § 2034.26...

Excerpt: ...endent medical examination (“IME”). According to Defendants, they have sought the IMEs for over a year and Plaintiffs have failed to cooperate and between the two of them have failed to show for four properly notices IMEs. “If a defendant who has demanded a physical examination under this article, on receipt of the plaintiff's response to that demand, deems…any refusal to submit to the physical examination is unwarranted, that defendant m...

Excerpt: ... action for premises liability and negligence in connection with injuries he allegedly suffered when he fell inside a Food Source store in Sacramento in May 2017. Plaintiff alleges in his Judicial Council form complaint that he “slipped and fell on a[] liquid substance, believed to have been a raw egg, that presented a dangerous condition.” (Comp. ¶ Prem. L‐1.) He alleges that Defendants “breached their duty to plaintiff by failing to ad...

Excerpt: ...ocess of selling the company's assets. They allege that the relied on Defendants InterWest Insurance Services, LLC, Mike McStocker, and Marie Lavana, 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 cover them for approximately six years of acts they would take in winding dow...

Excerpt: ...lleges a cause of action for whistleblower retaliation under Labor Code § 1102.5. As seen from the parties' requests for judicial notice, Plaintiff previously filed an unfair practice charge with the California Public Relations Board (“PERB”) in July 2019 alleging that he was “retaliated against for engaging in protected activities” in violation of Government Code § 3543 (Educational Employment Relations Act [“EERA”]). (Def. RJN Exh...

Excerpt: ...y Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendant Secretary of State of California's (“Defendant”) motion to expunge lis pendens is GRANTED. Defendant moves pursuant to CCP § 405.30 to expunge the Notice of Lis Pendens recorded in the office of the Recorder of Kern County, California, Document Number 220124692 field on or about September 8, 2020 (the “Notice of Lis Pe...

Excerpt: ...ot represent itself. It must represent through an attorney. Therefore, the motion as to Viva Management Corporation is dropped without prejudice. Caressa Camille, Inc. v Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101;Merco Construction Engineers, Inc. v Municipal Court (1978) 21 Cal.3d 724, 731. On October 14, 2020 plaintiff filed a Complaint alleging causes of action for breach of contract, breach of oral contract, breac...

Excerpt: ...participate in oral argument on the continuance date. Defendant Kenneth Rosenfeld's Demurrer to the Amended Complaint is sustained 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 cou...

Excerpt: ...��) is GRANTED in part and DENIED in part. Factual Background Gio Fitness is a business with its principal place of business in Placer County. Plaintiff Pat Accettura is Gio Fitness' sole member. Vanir Group and Vanir Development are real property developers. Ms. Dominguez is the Chairwoman and Chief Executive Officer of Vanir Group. Gio Fitness and Vanir Group formed a limited liability company Lincoln Gateway Ventures, LLC, (“Lincoln”) that...

Excerpt: ...ation (“CDCR”) alleges she was sexually harassed by Defendant Christopher Lewis (“Defendant Lewis”), another employee of CDCR. (See complaint). Pursuant to Code of Civ. Proc. § 1043, Plaintiff seeks discovery of various peace or custodial officer personnel records. Specifically, Plaintiff seeks to compel responses to Requests for Production (“RFP”), Set One, Nos. 8, 12, 25‐26, 29‐45, and 47; RFP, Set Two, Nos. 55‐66 and 74‐77...

Excerpt: ...0 Plaintiff served notices of depositions for the Witnesses. (Padova Decl., ¶ 2.) After determining counsel was unavailable on the dates noticed, Defendant served an objection to the depositions, which included an offer to meet and confer. (Id. at ¶¶ 2‐3.) On October 26, 2020, Plaintiff contacted Defendant's counsel via email to request dates of availability for the witnesses (Id. at ¶ 4.) Defendant's counsel responded with an email directi...

Excerpt: ...1535.) “Courts engage in a two‐step process to resolve anti‐SLAPP motions. ‘First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity. The moving defendant's burden is to demonstrate that the act or acts of which the plaintiff complains were taken “in furtherance of the [defendant]'s right of petition or free speech under the United States or Ca...

Excerpt: ... 5/19/2015 death of Reverend Amaziah Altraide (“Decedent”) whose prostate cancer had been treated with Lupron, Effexor and “radioactive gold seeds.” On 3/21/2016 plaintiff Stella sent a letter to Kaiser Permanente's Legal Department expressing her intent to bring a lawsuit for “medical malpractice” and “lack of informed consent” related to Decedent's medical treatment and death in Nigeria. An initial lawsuit was filed on 5/15/2017...

Excerpt: ...te motions but the parties briefed the opposition and reply briefs for both motions together. As such, the Court considers the motions together. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Defendant appears without foll...

Excerpt: ...econd cause of action for violation of Business & Professions Code section 17200, et seq., and against Defendants' Affirmative Defense Nos. 15, 32‐34, and 38. As such, Plaintiffs cite to seven issues for summary adjudication. The motion is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Plaintiff is directed to contact defense counsel and advise them of Lo...

Excerpt: ...ehalf of a class of similarly situated individuals. Plaintiff's claims are based on defendants Cardinal Health Pharmacy Services, LLC and Cardinal Health, Inc.'s (collectively, “Defendants”) purported failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, and violation of unfair business practices. Plaintiff further alleged Defendants' policies and prac...

Excerpt: ...ligence and therefore fails to state a cause of action under Code of Civil Procedure section 430.10(e). Defendant's request for judicial notice of the complaint is granted. In this landlord‐tenant action, Plaintiffs allege the following causes of action: (1) negligence, (2) breach of the implied warranty of habitability, (3) negligent maintenance of premises, (4) maintenance of a nuisance, (5) unlawful business practices, and (6) wrongful evict...

Excerpt: ...rdered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, 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. The Court 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...

Excerpt: ...iagnosed with Chronic Myelogenic Leukemia (“CML”) in 2000. He alleges that the defendants' products caused his disease. Mr. Villanueva's wife, Plaintiff Seanne Villanueva, alleges a cause of action for loss of consortium. Nineteen other Defendants filed joinders seeking to join the instant motion. Those joinders (including the joinders in Defendants' reply papers) are granted except as to Defendant Desoto Sales, Inc. Desoto Sales, Inc.'s join...

Excerpt: ...admissions to Defendant Rafael Quezada were deemed admitted on March 5, 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 ...

Excerpt: ... v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.) The Court did not consider Plaintiff's declaration submitted with the opposition. The Court cannot consider extrinsic evidence on demurrer. A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) Extrinsic evidence may not properly be considered on demurrer. (Ion Equipment Corp. v. Nelson (19...

Excerpt: ...hristian School starting when plaintiff was a 16 year old sophomore at the school. Plaintiff alleges that Lombardi exploited Plaintiff's vulnerability and confidence, and after gaining trust and control over Plaintiff, seduced him into an unlawful and harmful sexual relationship, including, but not limited to, sexual intercourse. Plaintiff alleges Capital failed to supervise Lombardi. Plaintiff alleges causes of action against Capital for Neglige...

Excerpt: ...hat the Class Notice be sent to Class Members in the manner set forth in the Agreement; (3) Schedule a hearing on final approval of the proposed Settlement and Plaintiff's counsel's application for an award of attorney's fees and litigation costs. Plaintiff worked as a barista at a Dutch Brother's coffee kiosk owned by defendant. Plaintiff alleges the following causes of action on a class or representative basis: (1) Failure to Provide Rest Break...

Excerpt: ...of the accident and that there is no evidence to support Plaintiffs claim. UMF Nos. 1‐5 in support of the motion state that on November 30, 2017, defendant was involved in a rear‐end auto accident on northbound State Route 99 near the Sheldon Road exit in Sacramento. She was driving a 2005 GMC Yukon and rearended Ireana Price, who was driving a 2001 Ford Expedition. The accident took place around 8:30 a.m. She did not consume any alcohol on t...

Excerpt: ...ning documents, which she understood were subject to the laws of the State of California set forth in the Davis‐Stirling Common Interest Development Act ("Davis‐Stirling") and California's Civil and Corporations Code. Upon receiving the governing documents, Hemer read and reviewed each of them to familiarize herself with her rights and obligations and to gain an understanding of HOA's rights and obligations. Plaintiff contends HOA was require...

Excerpt: ...alership including warranty claims and negligent repair, in connection with his purchase of a 2015 Jeep Grand Cherokee. On November 17, 2020, FCA's Motion to Compel Arbitration was denied on the basis that FCA had waived the right to arbitrate (See Minute Order, Department 53, November 17, 2020) The Court did not address plaintiff's other arguments as to why the case should not go to arbitration such as that the contract is subject to rescission ...

Excerpt: ...omitted) While courts take judicial notice of public records, they do not take notice of the truth of matters stated therein. (citation omitted) ‘When judicial notice is taken of a document, … the truthfulness and proper interpretation of the document are disputable.' (StorMedia Inc. v Superior Court (1999) 20 Cal.4th 448, 457, fn 9.” Herrera v Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375. The underlying dispute arose ...

Excerpt: ...Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendant Secretary of State of California's (“Defendant”) motion to expunge lis pendens is GRANTED. Defendant moves pursuant to CCP § 405.30 to expunge the Notice of Lis Pendens recorded in the office of the Recorder of Kern County, California, Document Number 220124692 field on or about September 8, 2020 (the “Notice of Lis Pend...

Excerpt: ...the Subject Vehicle's Theta II Engine that can result in catastrophic engine failure/seizure, stalling while in operation, and engine fire. On December 26, 2019, Defendant produced approximately 1.7 million pages of documents in this matter. This document production consisted of all documents turned over by Defendant to National Highway Transportation Safety Administration (NHTSA) in response to NHTSA's investigation Recall Query 17‐003 ("RQ 17...

Excerpt: ...truction, and maintenance throughout California. (Melmed Decl. ¶ 5.) Plaintiff was employed by Defendants during the Class Period. (Melmed Decl. ¶ 6; Garcia Decl. ¶ 4.) The Class Period is defined as “September 15, 2016, through March 23, 2021, or the date of first preliminary approval hearing, whichever occurs first.” (Stipulated Settlement Agreement and Release of Claims (the “Settlement Agreement”) ¶ A.5.) Plaintiff's claims are ba...

Excerpt: ...FAC on September 9, 2020. Plaintiff alleges the following eight causes of action against Defendant: (1) Violation of Civil Code § 1708.7 (stalking); (2) Invasion of Privacy; (2) Violation of California Penal Code § 502 (unauthorized computer access); (4) Violation of 18 USC §1030 (knowingly accessing a computer without permission); (5) Violation of 18 USC § 2510 et seq. (electronic communication privacy act); (6) Violation of 18 USC § 875 (t...

Excerpt: ... shall be available, by COURTCALL, or by Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendants' Compton, Barretto, Bobbala, Heredia, Macomber, and Wangombe's ("Defendants") Demurrer to the Complaint filed by self‐represented incarcerated plaintiff is ruled on as follows Defendants' Request for Judicial Notice is granted. Plaintiff alleges a medical negligence claim under Cal. C...

Excerpt: ...ctors Dylan Eacret, Jonathan Merrit, and Jorge Chavez (collectively, the “Proposed Intervenors”) have opposed. The Proposed Intervenors have not yet been granted leave to intervene. Their Motion to Intervene is scheduled to be heard on January 22, 2021. Thus, at this time the Proposed Intervenors have no standing to insert themselves into this litigation. The Proposed Intervenors have also failed to cite to any legal authority that would allo...

Excerpt: ...on behalf of all hourly or non‐exempt employees who worked for defendant Mel Dawson, Inc. dba Dawson Oil Company (“Defendant”) within California between March 5, 2016, through December 31, 2020. On December 11, 2020, Plaintiff filed his First Amended Complaint (“FAC”), which added a claim for civil penalties under the Private Attorney General Act (“PAGA”). Plaintiff alleges Defendant failed to pay minimum and overtime wages, failed ...

Excerpt: ...e heard on October 13, 2020. On that date, the Court denied the motion without prejudice for lack of proper notice because the separate statement and supporting declaration of Natalie L. Winslow were not field until September 29, 2020, which was only two weeks prior to the hearing. The Court found that Plaintiff may file an Amended Notice of Hearing rather than filing a new motion, after obtaining a new reservation date for the motion. (ROA 171.)...

Excerpt: ...e mailing by the TPA of the letter to the class from Plaintiff's counsel; and (3) produce the documents to the TPA in the form requested by a date certain is GRANTED as follows. This class action asserts various causes of action against First American relating to alleged underpaid repair claims by applying improper depreciation. Due to her illness, Plaintiff is no longer able to serve as class representative and sought, by way of document request...

Excerpt: ...quest for judicial notice of the Cross‐Complaint and First Amended CrossComplaint filed by Catalyst in this action is granted. At the outset, this motion also seeks multiple forms of relief regarding two separate forms of written discovery (special interrogatories and requests for production), each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, ...

Excerpt: ...equest for judicial notice of documents in the Court's file is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hi...

Excerpt: ... Court to maintain personal jurisdiction over it. The project/work at issue was at the McCarron Airport in Las Vegas, Nevada, and all parties are subject to personal jurisdiction in the proposed alternative forum of Clark County, Nevada. Bombard's request for judicial notice is granted. This litigation was originally venued in Alameda County, California. Plaintiff Moz Designs, Inc. sued Capitol Store Fixtures and National Wood Products, Inc. only...

Excerpt: ...d to notify Defendants immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Defendants appear without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for judicial notice is granted. It must also be observed that “[w]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, includin...

Excerpt: ...ants' third amended PMK notices directed to Plaintiffs. Defendants also request sanctions in the amount of $3,540. The motion is continued to February 4, 2021, as follows. Defendants allege that, to allow for adequate time following PMK depositions to coordinate and take necessary individual deposition, Defendants require an immediate court order to complete discovery in advance of the April 2021 trial date. Defendants served initial deposition n...

Excerpt: ...taff privileges at Methodist Hospital of Sacramento. Plaintiff named as defendants Dignity Health, Dignity Health Methodist Hospital of Sacramento, and Does 1 through 30. According to the FAC, plaintiff “has been a strong patient's advocate” and “in an attempt to intimidate Plaintiff and silence his patient advocacy, certain worker's compensation insurers falsely reported that Plaintiff was billing for x‐rays that had not been taken, whic...

Excerpt: ...g; third cause of action for violation of Civil Code section 2924.17; fourth cause of action for violation of Business & Professions Code section 17200, et seq; fifth cause of action for cancellation of instrument; and sixth cause of action for quiet title on the grounds that each cause of action fails to allege sufficient facts to state a cause of action against Defendants and the pleading of the cause of action is fatally uncertain. (See Code C...

Excerpt: ...g 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 Code § 17200 et seq. Plaintiff alleges that he booked a shu...

Excerpt: ...urram Ahmad's real property at 9459 Secretariat Lane in Elk Grove (“Property”). The underlying lawsuit involved claims against Khuttam Ahmad and his business American River RV, Inc. pursuant to an Inventory Settlement Agreement which Khurram Ahmad personally guaranteed. Plaintiff alleges that Khurram Ahmad transferred the Property to MN Real Estate, LLC which is owned by his parents Makhtar and Nazai Ahmad. Plaintiff alleges that Khurram Ahma...

Excerpt: ...dants Sumit Sharma and SF Edison Partners LP (collectively “Skyview Villa”). Mr. Faisal and Plaintiff Madeem Razmal allege that Mr. Faisal encountered a group of gang members in the parking lot of the apartment complex. When Mr. Faisal verbally questioned them, Mr. Williams, who was apparently one of the gang members, fired a flare gun towards Mr. Faisal's face, striking him in the eye and causing significant injuries. Mr. Faisal alleged a si...