Excerpt: ...n for Writ of Mandate is ruled upon as follows. The parties' requests for judicial notice are granted. However, the Court takes judicial notice only of the existence of the various documents, not the truth of the matter asserted in the documents. (Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.) In any event the Court's ruling was not dependant on either party's request for judicial notice. The Department instituted this action by...

Excerpt: ...olation of Section 504 of the Federal Rehabilitation Act of 1973, for violation of due process under 42 USC § 1983, and for intentional and negligent infliction of emotional distress. Plaintiff alleges that he was wrongfully removed from an “International Baccalaureate” program at Laguna Creek High School (“LCHS”). LCHS is a high school within the Elk Grove Unified School District (“EGUSD”). Plaintiff also alleges that he was wrongfu...

Excerpt: ...on project. (ROA 1.) Unique is a subcontractor and/or supplier for Davis for its work on the construction of a mixed‐use apartment complex located at 1827 J Street. Davis has sued the project owner 19J via a Cross‐Complaint for contractual indemnity claims asserted against it by Unique. 19J now moves to compel arbitration of the Cross‐Complaint pursuant to the written contract between it and Davis on or about September 1, 2017. Section 13.2...

Excerpt: ...nly two Court days prior to the hearing. This untimely filing was not considered. Plaintiffs filed this employment action on May 20, 2020, alleging 14 causes of action, including, among other things, declaratory relief, age discrimination, wrongful termination, failure to pay wages upon separation, failure to reimburse business expenses, failure to furnish compliant wage statements, and violation of Business & Professions Code § 17200 et seq. In...

Excerpt: ...c. (“Defendant”) who worked as a security guard/security officer. On May 22, 2019, Plaintiff filed a notice with the Labor and Workforce Development Agency explaining the basis for PAGA penalties and sent the letter by certified mail to Defendant. Plaintiff then filed this action on September 6, 2019, alleging individual claims for failure to provide meal and rest breaks, failure to pay all wages owed, failure to provide accurate wage stateme...

Excerpt: ...�) is ruled upon as follows. Cross‐Defendants' request for judicial notice of the Second Amended and Restated Limited Partnership Agreement of Myers & Sons Construction, L.P. (the “Partnership Agreement”) is denied. The interpretation of contracts is generally beyond the scope of judicial notice. ( Herrera v. Deutsche Bank Nat. Trust Co. (2011) 196 Cal. App. 4th 1366, 1375.) Indeed, in ruling on a demurrer, it is error to take judicial noti...

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: ...plaint is OVERRULED. At the outset, Defendants did not file and serve with this demurrer any declaration that satisfies the requirements of Code of Civil Procedure section 430.41(a). That subdivision requires the demurring party to meet‐and‐confer "in person or by telephone" with the party filing the pleading that is the subject of the demurrer. In the interest of judicial efficiency, the Court will rule on the demurrer, but in the future suc...

Excerpt: ...re Center‐ Greenhaven from August 12, 2015 through August 30, 2015 and from September 4, 2015 through October 13, 2015. Ms. Wilkes died on October 13, 2015. Plaintiffs are decedent's Successor‐ininterest, granddaughter Katrina Randolph, and Katrina Randolph as an individual. Defendant served discovery on plaintiffs in February of 2018. After some delay due to efforts to locate heirs and mediation, defendant filed their three motions to compel...

Excerpt: ... quoted as well as cited to.. In 2018 Plaintiffs purchased a home in Elk Grove that had been used to grow marijuana. Plaintiffs allege Defendants knowingly and intentionally failed to disclose and/or misrepresented information regarding the marijuana grow operations at the Subject Property prior to Plaintiffs' purchase of the residence. (FAC ¶15‐20) Plaintiffs allege that Ms. Ha, as the real estate agent who represented the seller of the prope...

Excerpt: .... In 2018 Plaintiffs purchased a home in Elk Grove that had been used to grow marijuana. Plaintiffs allege Defendants knowingly and intentionally failed to disclose and/or misrepresented information regarding the marijuana grow operations at the Subject Property prior to Plaintiffs' purchase of the residence. (FAC ¶15‐20) Plaintiffs allege that Ms. Ha, as the real estate agent who represented the seller of the property (Mrs. Li), knew the exte...

Excerpt: ...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 August 31, 2020 the court granted the motion for preliminary a...

Excerpt: ... hand, and Plaintiffs' own uninsured motorist carrier covering the second accident. Thus plaintiffs are attempting to combine a third‐party action with an already pending uninsured motorist claim that they in fact initiated. Plaintiffs allege that Fathy Hamed was a motor vehicle driver involved in two car accidents that occurred seven months apart. They allege that he sustained bodily injuries in each accident. They allege that accident #1 invo...

Excerpt: ...red to notify Plaintiff's counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom or Courtcall, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). This action concerns Plaintiff's former employment with defendant Fever Labs, Inc. and his termination on October 15, 2018. Plaintiff filed his Complaint on July 17, 2020, alleging the following five causes ...

Excerpt: ...o notes defendants attempted to file a response on January 4, 2021, which was rejected due to a failure to pay first appearance fees or submit a fee waiver request. (ROA 21.) Had this response been accepted and filed, it also would have been untimely as it would have been filed only three court days prior to the hearing in violation of CCP section 1005. On December 23, 2020, this Court issued a Temporary Restraining Order (“TRO”) and an Order...

Excerpt: ...ed by Local Rule 1.06(D). Counsel is 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 action arises from a motor vehicle collision that occurred on January 10, 2019. Plaintiffs filed their complaint on March 13, 2020. (ROA 1.) Defendants filed an Answer on May 8, 2...

Excerpt: ...matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise th...

Excerpt: ...ows. Plaintiff's First Amended Class Action Complaint asserts two claims: (1) failure to furnish accurate itemized wage statements; and (2) violation of the Labor Code Private Attorneys General Act of 2004 (“PAGA”). This matter was previously referred to arbitration to resolve Plaintiff's individual claims. Plaintiff's individual claims have been settled and the matter is now before the Court to adjudicate Plaintiff's remaining PAGA claim, wh...

Excerpt: ...CCMS but was never served with it. Nonetheless, defendant has had the opportunity to adequately addressed the merits of the opposition in its Reply. Plaintiff alleges a cause of action for legal malpractice arising out of defendant's representation of him in a criminal matter. Defendant contends the claims are barred by the failure to file a Government Tort Claim and the statute of limitations. Plaintiffs Complaint alleged that on February 25, 20...

Excerpt: ...ulent inducement against the project architect. HDI contends the claims are barred by the statute of limitations, that the negligence claim is barred by the economic loss rule, and that the fraud and concealment claims are defectively pleaded as they do not allege all of the required elements. The First Amended Complaint ("FAC") alleges that in August 2012, HBE, the general contractor, hired Plaintiff as a subcontractor to install a Modified Bitu...

Excerpt: ...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. Civ. Code §1714.8, regarding his inability to obtain over the coun...

Excerpt: ...ants on the other hand, which settles the claims of the class and Plaintiff for sixty thousand dollars ($ 60,000) in a non‐reversionary settlement. This case is a putative class action alleging violations of California state law. Defendants Execap, Inc., Executive Autopilots, Inc., Andrey Kalchenko, were engaged in the business of providing full service avionic repairs, installations, and building of custom panels for aircraft ranging from clas...

Excerpt: ...n May 14, 2019, the Sacramento Police Department executed a criminal search warrant at the Subject Property and discovered a large illegal cannabis cultivation operation consisting of 3,528 illegal cannabis plants. Thereafter, City filled a drug abatement and nuisance civil action against Defendants on June 26, 2019. Defendants Jacobo Small, Phoung Laakso, Blue Sky Land Company, LLC, Tidal Wave Farms, LLC and Good City, LLC'S Motion to Stay all p...

Excerpt: ... and entered into written account agreement(s) with plaintiff for the account numbers ending in 1002 and 2002 (the "Account") on May 20, 2006. See Plaintiffs Separate Statement(s) of Undisputed Material Facts #1 and # 10 ("Separate Statement(s)"). The defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement(s) when the defendant applied for, received or used the credit card account(s). In addition, the Cardme...

Excerpt: ...isputed material facts: Defendant applied to plaintiff for a credit card account and entered into a written credit card account agreement with plaintiff for the account number ending in 5713 (the "Account"). See Plaintiff's Separate Statement of Undisputed Material Facts #1, #10 ("Separate Statement"). The defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when the defendant applied for, received or use...

Excerpt: ...omplaint and, (b) that he does not have sufficient minimum contacts in California to be subject to the jurisdiction of its courts. Service of Summons "Except as otherwise provided by statute, a summons shall be served on a person: (a) Within this state, as provided in this chapter (b) Outside this state but within the United States, as provided in this chapter or as prescribed by the law of the place where the person is served." CCP § 413.10(a) ...

Excerpt: ...raudulent inducement arising out of allegedly negligent professional architectural services conducted by HDI arising out of a Project on which HDI was the architect and Gudgel was the roofing subcontractor. HDI seeks to strike the following portions of the FAC. * Paragraph 15, lines 22‐23: "SCOTT included a statement that, 'the roof contains contaminants affecting the cap sheet bond'." * Paragraph 15, lines 25‐26 and Paragraph 58, lines 21‐...

Excerpt: ... the scope of discovery sought with respect to the subpoenas to limit the time period from June 2018 to December 2018. The motion is ruled on as follows. The motion is based on the grounds that the deposition subpoenas are overbroad, not directly relevant to the claims at issue in this litigation, and not reasonably calculated to lead to discovery of admissible evidence. The motion is also made on the grounds that the deposition subpoenas demand ...

Excerpt: ...asks that the Court allow for further deposition of Carolan Ferreria. 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(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Defendant appears without following the procedures set forth in Lo...

Excerpt: ...oposed settlement. (Cal. Rules of Court, rule 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, Newberg on Class Actions supra, § 11.41, pp. 11‐ 91.) Plaintiff Ismael Pit...

Excerpt: ...sregard of Howe Manor, Inc's corporate form. Specifically, Defendants Cox and Newton demur to the first cause of action for specific performance, second cause of action for breach of contract, third cause of action for promissory fraud, fourth cause of action for fraud‐intentional misrepresentation, and fifth cause of action for negligent misrepresentation on these grounds. Defendants Cox and Newton allege they signed the purchase and sale agre...

Excerpt: ...nt immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Cross‐Complainant appears without following the procedures set forth in Local Rule 1.06(B). Cross‐ Defendant's request for judicial notice of (1) a May 13, 2019 “Notice of Entry of Judgment (Small Claims)” entered by the Superior Court of California, County of Placer in small claims case no. RSC0024847, a legal action ...