Excerpt: ...ley (“Smedley”) did not file any opposition. Plaintiff filed its Complaint on June 30, 2021, alleging causes of action for “Interference with Access to Healthcare [Civil Code 3427, et seq.]; Request for Civil Damages and Provisional Remedies.” In the instant motion, Plaintiff argues that Brennan, an elderly patient, and her patient advocate Smedley, have been preventing Brennan's discharge from MHF and her acceptance of a suitable placeme...

Excerpt: ...1.06. Moving counsel is directed 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. Ford's request for judicial notice of a prior ruling from this Court on March 24, 2021, in Dickerson v. Ford Motor...

Excerpt: ...ender and race and in retaliation for making a complaint of discrimination/harassment against her supervisor, James Leigh‐Kendall (“LeighKendall”). The Second Amended Complaint (“SAC”) alleges causes of action for: (1) Retaliation; (2) Gender Discrimination (Cal. Gov. Code § 12940 et seq.); (3) Sexual Harassment/Discrimination (Cal. Gov. Code § 12940 et seq.); (4) Race Discrimination (Cal. Gov. Code § 12940 et seq.); (5) Race Harassm...

Excerpt: ... on as follows. Defendant's request for judicial notice is granted. The Court does not grant Plaintiffs' late requests for judicial notice. Plaintiffs filed their complaint on October 5, 2020, alleging causes of action for (1) violation of the California Voting Rights Act, and (2) violation of 52 U.S.C. § 10301(b) and constitutional provisions. Defendant's motion is made on the grounds there is no effective relief for the Court to grant because ...

Excerpt: ...Client Fee Arbitration (Rejection of Award). According to the Complaint, Plaintiff signed a fee agreement with Defendant Desmond, Nolan, Livaich, & Cunningham (Desmond) on or about October 30, 2015, for Desmond's representation of Plaintiff and Defendant Jarvis Properties, a limited partnership of which Plaintiff is a general partner, in three eminent domain lawsuits that had been filed and pending in Monterey County. (Compl., ¶ 7.) The fee agre...

Excerpt: ... dispute over a warranty claim allegedly covering the individual's malfunctioning air conditioning system during extreme summer temperatures in Sacramento. Plaintiff alleges he made 92 telephone calls to Defendant, “lasting 810 minutes in duration, and over the 44 days from July 16, 2020, through August 28, 2020,” wherein “Defendants repeatedly promised and represented to Plaintiff the replacement and repairs would occur in an expedited man...

Excerpt: ...cal Services of Florida, LLC (collectively “Defendants”) oppose the motion. This action arises out of the care and treatment plaintiff Helen Williams ("Ms. Williams") received while she was a resident of Manor Care of Citrus Heights CA, LLC ("MCCH" or the “facility”), a skilled nursing facility in Citrus Heights, California, from January 26, 2018, to February 22, 2018. Plaintiffs filed their original Complaint on June 4, 2019. The origina...

Excerpt: ... an action against Wells Fargo in connection with payments on her mortgage. Previously, the Court sustained Defendants' demurrer to the original pleading, with leave to amend, both on grounds of uncertainty and on grounds that it failed to state facts sufficient to constitute a cause of action because all of Plaintiff's claims were grounded in professional negligence and were thus barred by the one‐year statute of limitations set forth in Code ...

Excerpt: ...ntact Defendants (or their counsel, if they are represented) forthwith and advise 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 Defendants prior to hearing, moving counsel is ordered to appear at the hearing. This is an action for breach of a Loan & Security Agreement (“LSA”) and Personal Guaranty signed by Lakhwinder Virk, both dated 10/17/2018. Plain...

Excerpt: ...led on as follows. Defendants' and Plaintiffs' requests for judicial notice are granted. Plaintiffs filed their form complaint on May 29, 2019, alleging a cause of action for motor vehicle‐personal injury and general negligence. (ROA 1.) Defendants move for summary judgment on the grounds that California law mandates claims for personal injuries arising out of alleged professional negligence of a health care provider, such as the claim(s) made ...

Excerpt: ...o taught English as a second language, alleges she was injured on January 6, 2020 when an extremely loud horn blast from a gold‐line light‐rail train caused abrupt loss of hearing in her right ear when she was exiting 24 Hour Fitness 7th Street. She alleges she has lost her hearing and was required to undergo a hip replacement when she fell after the horn blast. She contends that the horn blast was unnecessary because there was no emergency, ...

Excerpt: ...ht , resulting in a collision with plaintiff in the intersection as he was turning left. Plaintiff alleges causes of action for motor vehicle negligence, general negligence, intentional tort (civil battery), and gross negligence. Defendant files this motion for judgment on the pleadings as to the intentional tort cause of action for civil battery and the prayer for punitive damages. The court construes the motion for judgment on the pleadings as ...

Excerpt: ... has been dismissed, although the document has not been scanned and the data entry on the dismissal was not until July 13 2021. The moving papers contend that this Declaratory Relief Action seeks a determination that Aspire does not owe coverage for the third party property damage because the vehicle was stolen. However, the Complaint does not allege that Aspire does not owe coverage under the policy's liability section for the third‐party vehi...

Excerpt: ...o prepare an opposition. Plaintiffs allege that they were induced into purchasing a coin laundromat in a crimeridden area in Sacramento, based on misrepresentations from Defendant PWS and their agents. By way of their complaint, the Yuans seek, among other things, rescission of the purchase and sale contract. PWS' affiliate DPLA owned the premises on which the laundry is located and was Plaintiffs' landlord for the past three years. Plaintiffs re...

Excerpt: ... motion for "limited" discovery is granted, plaintiff may file an Amended and/or Supplemental Opposition to Special Motion to Strike, not to exceed 10 pages, at least nine court days prior to the rescheduled hearing. (See ROA 27) On or around April 1, 2021, Plaintiff filed a Complaint for Damages and Injunctive Relief ("Complaint") against Defendant Sai Vang ("Defendant"). (Declaration of Liah M. Bumley ("Bumley Decl."), ¶ 4, Exhb. A ("Complaint...

Excerpt: ... Funding as a second position lien on the Property. (Request for Judicial Notice #1). (See Compaint ¶ 12) The deed of trust was recorded with the Sacramento County Recorder on November 1, 2019. A foreclosure sale was held and the trustee issued a trustee's deed upon sale (TDUS") for the Property transferring title to Aquino Trust #2919 R.Chavez Trustee. (RJN #2). The foreclosure sale was held on December 10, 2020 (Compl. ¶ 25). Aquino Trust the...

Excerpt: ...otion for summary judgment, the Court engages in a multi‐step process. First, 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.) Next, the Court must determine whether the moving party has met its burden. A defendant moving for summary judgment bears the burden of persuasion that one or more ele...

Excerpt: ... Inc. (“Defendant”) committed wage and 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 a...

Excerpt: ...y situated individuals who were employed at Defendants' Almond Heights Senior Living and Memory Care Community anytime during the period from June 4, 2018 through December 3, 2020 (Settlement Period). The PAGA claims were premised on Defendants' alleged failure to pay wages, meal and rest break violations, failure to reimburse for uniform costs, failure to pay final wages or waiting time penalties, failure to provide accurate, itemized wage state...

Excerpt: ...out March 25, 2019, which was amended on or about November 14, 2019. (Complaint, ¶ 7.) For purposes of this ruling, the term “Lease” refers to the original lease from March 2019 as amended in November 2019. Plaintiff alleges that, pursuant to the Lease, Cal Fit agreed, among other things, 1) to pay base rent and Common Area Maintenance Expenses (Common Expenses), with both amounts abated before June 1, 2020 and subject to recapture, 2) to pr...

Excerpt: ...ovide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Defendants/Cross‐Complainants' 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 Defendants/Cross‐Complainants' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by tele...

Excerpt: ...iffin, as specified in Plaintiff's notice of taking the deposition of SMUD's person most qualified (PMQ), served on May 2, 2021. SMUD also seeks sanctions in the amount of $3,370. The motion is ruled on as follows. SMUD's request for judicial notice of declarations previously filed in this action is granted. In this employment action, Plaintiff alleges her employer, SMUD, discriminated against her because of her gender and race and in retaliation...

Excerpt: ...h 1, 2020, Plaintiff filed his First Amended Complaint alleging claims for: (1) failure to pay all wages; (2) failure to provide rest periods or compensation in lieu thereof; (3) failure to provide meal periods or compensation in lieu thereof; (4) failure to provide accurate wage statements; (5) failure to pay wages upon separation of employment; (6) unfair business practices; and (7) penalties pursuant to Labor Code § 2699(f). Defendant denies ...

Excerpt: ...n, Plaintiffs allege causes of action for Professional Negligence, Breach of Fiduciary Duty, Constructive Fraud and Breach of Contract. Plaintiffs also seek punitive damages. Plaintiffs allege that non‐moving Defendant Aaron McKinney committed malpractice in connection with his representation of Plaintiff Davila in an appeal from an underlying personal injury action. At trial Plaintiff Davila obtained a judgment in his favor of approximately $5...

Excerpt: ...8 in which Plaintiff alleges that Defendant collided with a vehicle driven by his mother. Plaintiff alleges that he suffered serious injuries as a result. In the FAC, which is on the judicial council form, Plaintiff alleges a cause of action for motor vehicle negligence and general negligence. He also seeks punitive damages. To that end, Plaintiff alleges that Defendant was driving under the influence of alcohol on the day in question. (FAC p. 6 ...