Excerpt: ...tained as the result of a slip and fall while he was incarcerated at the Rio Consumnes Correctional Center on October 27, 2015. (Declaration of Jonathan B. Paul (“Paul Decl.”) ¶ 4.) The First Amended Complaint was filed on November 9, 2016. (Id.) It alleges that Defendant Deputy Florence Martin is liable for Negligence, Premises Liability, and Intentional Tort following Plaintiff's slip and fall within a bathroom. On November 9, 2016, a summ...

Excerpt: ... breach of contract, breach of fiduciary duty, fraud, misrepresentation, and other similar claims, and seeks damages for the alleged worker's compensation insurance overcharges, attorneys' fees, and expenses. The settlement class encompasses all current and former clients of FPI for whom FPI secured worker's compensation insurance in connection with managing Class Members' properties. The Settlement Agreement (“Settlement”) is attached as Exh...

Excerpt: ...by Plaintiff California State Association of Counties Excess Insurance Authority, a California Joint Powers of Authorities (“Plaintiff”). Defendant/Cross‐Complainant Hartin & Hume, Inc. (hereinafter "Hartin") was the general contractor hired by Plaintiff to perform tenant improvements at the Subject Property. Sure‐Clean was hired by Hartin to apply Protectosil Aqua‐Trete to the exterior brick veneer of the Subject Property. (Declaration...

Excerpt: ... California 95610 (“Subject Property”). Ms. Bissett inherited the Subject Property from her parents. (RJN, Exh. 1.) The Subject Property was encumbered by a First Deed of Trust in favor of Flagstar Bank, which was later assigned to Quicken Loans (“Loan”). (RJN, Exhs. 2, 3.) Ms. Bissett defaulted on the Loan and a Notice of Default was recorded against the Subject Property on March 20, 2019. (RJN, Exh. 4.) A notice of trustee's sale was re...

Excerpt: ...cates Series 2005. 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). Counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for...

Excerpt: ... motion to compel further responses to requests for production Nos. 1, 6, 8‐10, 11‐33, 41, 44, 54, 58, 59, 76 and 80. The requests related to Defendant's investigation and analysis regarding the subject defects and Defendant's warranty and repurchase policies. Defendant moves for reconsideration of the Court's Order as it relates to requests nos. 13‐24, 26‐33, and 59. It argues that since the Order, it has now conducted a preliminary sear...

Excerpt: ...e Court's tentative ruling system as required by Local Rule 1.06(D). Counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). This is a wage and hour action filed by Plaintiff, alleging causes of action for (1) unfair competition in violation of Busines...

Excerpt: ...Code section 51.5 on grounds that both fail to state facts sufficient to constitute a cause of action. Defendants requests for judicial notice are granted. Plaintiff's FAC alleges that Defendant discriminated against him on the basis of his sex when Plaintiff viewed a BananaRepublic.com website email promotion in or around May 2020 advertising different percentage discounts for women's and men's styles available to be claimed by costumers. (See F...

Excerpt: ...Jr., in a JAMs arbitration. The arbitration was conducted by a three arbitrator panel (Honorable Ignazio Ruvolo (ret.), the Honorable Joseph Biafore (ret.) and the Honorable Richard Silver (ret.)). In the Final Award, the Panel rejected all of Plaintiff's claims against Defendant and awarded Defendant $1,202,453.14 in reasonable attorneys' fees and costs. By way of background, Plaintiff commenced an action in this Court by filing a complaint agai...

Excerpt: ...n June 26, 2019 stipulation for settlement reached at the mandatory settlement conference conducted by Judge Davidian on June 25, 2019. Pursuant to that agreement, Defendants were to make certain payments to Plaintiffs, including a $5,000 payment when Plaintiffs vacated the Property. Title to the Property was to remain in Defendants' names. Defendants were to “refinance the existing mortgage or sell [sic] payoff all current liens in the name of...

Excerpt: ...s he was dismissed as a third‐year medical student at the University of California, Davis School of Medicine (UCDSOM) after a third unsuccessful attempt to pass the United States Medical Licensing Examination (USMLE) Step 1 examination, a requisite to progressing through the program. He alleges UCDSOM had a policy or practice, or both, of granting students a fourth attempt at their USMLE Step 1 or Step 2 Exams that was not made explicit to stud...

Excerpt: ...rruled. Objections 2, 3, 4, 5, medical records: Overruled. Plaintiffs First Amended Complaint alleges a single causes of action for medical malpractice against defendants for "failure to examine, failure to diagnose" plaintiff's subdural epidural abscess, "failure to treat, negligent discharge, negligent referral, failure to obtain informed consent for non‐treatment, and failure to stabilize before discharge." Plaintiff alleges she suffered per...

Excerpt: ...orders from other Superior Courts in California 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. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff filed this lemon law a...

Excerpt: ...nd 4 (“RPD”), is granted in part as set forth below. Landlord's concurrent motion for monetary sanctions in the amount of $1,356.00 pursuant to Code of Civil Procedure section 2031.300(c) is denied as set forth below. Landlord's motion states that it is made in part pursuant to Section 2031.300 which states the procedure applicable when a party fails to timely respond to a request for inspection. However, Landlord's motion is not made upon th...

Excerpt: ...levant part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived b...

Excerpt: ...truction Innovations Group, LLC, Rex Moore Group, Inc., Rex Signature Services, LLC, and Rex Moore Electrical Contractors & Engineering Inc.'s (collectively, “Defendants”), to pay for all hours worked, including, but not limited to, pre‐ and post‐shift work, mandated duties, and assignments; failure to provide meal and rest periods or premium wages in lieu thereof; failure to reimburse for necessary business expenses; failure to provide a...

Excerpt: ...de sections 1152 and 1154 is sustained for purposes of the demurrer based upon Plaintiffs' apparent evidentiary purpose for its submission. Plaintiffs commenced this action against City on September 14, 2020, alleging four causes of action related to the Plaintiff's real property: (1) inverse condemnation; (2) trespass; (3) negligence; and (4) breach of contract. The Plaintiffs allegations are summarized as follows. Plaintiffs own real property s...

Excerpt: ...oticed motion and set the matter for today's calendar. The Court considered DPR's "sur‐reply" filed on May 6, 2021. While there is no provision in the Code of Civil Procedure permitting such a filing, the Court considered the document to address any argument by DPR that it was deprived of due process to the extent that SVO's reply brief raised new arguments and cited new authority. SVO seeks an order compelling DPR Construction's (“DPR”) cu...

Excerpt: ...use of action is denied. Plaintiffs Evidentiary Objections to the Declaration of Nunley are sustained as to Nos. 1 and 2, and overruled as to Nos. 3 and 4. The Court will sign the formal order on the objections after the final ruling on the motion. Defendant's Request for Judicial Notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. ...

Excerpt: ... of action for breach of contract and for common counts. The action arises from allegations that Defendant failed to make the required payments pursuant to a motor vehicle lease agreement. Plaintiff alleges that the subject lease was assigned to it and that it is the owner of the leased vehicle. Defendant demurs to all of the causes of action. At the outset, the Court rejects Plaintiff's argument that the demurrer should not be considered as it i...

Excerpt: ... dementia. They allege Jo Anne Scoggins was assaulted and battered by Defendant Lindie Thomas in the kitchen of Silver Pines, causing her to fall to the ground, fracturing her hip. Lindie Thomas is alleged to have told an employee of Defendants that Debbie Loesch told her that "slides" do not have to be reported. Lindie Thomas instructed the employee to characterize the incident as a "slide" rather than a fall, and to not report the fall. The fal...

Excerpt: ...on to compel arbitration; finding that the RISC contained an arbitration provision requiring arbitration of any claim or dispute related to the vehicle and/or the RISC. (Order of 9/26/19, Register of Actions (“ROA”) 13.) That Order further provided, in pertinent part: The motion to compel is granted. (See, e.g. Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899.) The dispute between Petitioners and Pars Auto Wholesale, Inc. or Westlak...

Excerpt: ... Documents, and to have Requests for Admission (“RFAs”) deemed admitted. Defendant also seeks monetary sanctions in the amount of $2,100.00. The motion is ruled on as follows. Defendant served the subject discovery on February 16, 2021. The responses were due on March 22, 2021, and Defendant granted Plaintiff's counsel's request for a tenday extension to provide responses. Thereafter, however, no responses were forthcoming. This motion follow...

Excerpt: ...ependent Elder Abuse and fraud. In the instant motion, Defendants demur to the Third Cause of Action for Fraud. Plaintiffs allege that Jason Hopkins (the "Decedent") was taken to the emergency room at Rideout Hospital on July 18, 2018. Plaintiffs are the Decedent's heirs. Plaintiff Heaven Hopkins is the Decedent's daughter. Plaintiffs Samantha Miller and Faith Turner are also the Decedent's daughters. Given their age, guardians as litem have been...

Excerpt: ...TAINED, with leave to amend. Plaintiff is an insurance salesman who allegedly worked for Defendants. He alleges that Defendants failed to properly compensate him. (See generally, FAC.) The FAC asserts causes of action for: (1) breach of contract, (2) defamation, (3) Intentional Infliction of Emotional Distress, (4) Tortious Interference with Business Relationship; Intentional Interference with Prospective Economic Relations, (5) Negligent Interfe...