Excerpt: ...California Rural Indian Health Board, Inc. (“CRIHB”) which also allegedly owned the vehicle Defendant was driving. Plaintiff alleges that Defendant left the scene and was ultimately charged with a felony hit and run and a misdemeanor for making a false police report. The Court considered Defendant's opposition despite Plaintiff's argument in reply that it was untimely served. Plaintiff was able to file a complete reply. At issue on the instan...

Excerpt: ...ion, whistleblower retaliation in violation of Labor Code § 1102.5 and also a claim under Private Attorneys' General Act of 2004 (“PAGA”). Plaintiff alleges that she was sexually harassed while she was an employee of Sprouts in Vacaville. Plaintiff began her employment with Sprouts in May 2019 and her employment ended in August 2020. While the bulk of plaintiff's complaint focuses on conduct during her employment with Sprouts, she also alleg...

Excerpt: ...ge that J.C. Feagins, IV (the “Decedent”) was in custody at the Sacramento County Main Jail, that Defendant “negligently, unlawfully and carelessly owned, operated” the Jail, that defendant failed to exercise ordinary care and that as a result, the Decedent passed away. (Comp. ¶¶ 14‐21) Defendant moves for summary judgment on the basis that it is immune as a public entity. Defendant cites to Government Code § 815(a) that provides tha...

Excerpt: ...ge that they are officers and directors of Sacramento A‐1 Door (“A‐1 Door”) that were engaged in the process of selling the company's assets. They allege that the relied on InterWest Insurance Services, LLC, Mike McStocker, and Marie Lavana (collectively “Defendants”), their insurance brokers, to obtain ongoing Directors & Officers insurance coverage for A‐1 Door after the sale of the company's assets. Carolina issued the Directors ...

Excerpt: ...e whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 95...

Excerpt: ...each of fiduciary duty, negligent misrepresentation, and intentional misrepresentation fail to state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10(e), since they are time‐barred by the applicable statute of limitations set forth in Code of Civil Procedure section 340.6(a) and do not relate back to the filing of the original complaint. Defendants allege that the addition of Plaintiff Joe's Logistic...

Excerpt: ..., LLC; and S360 Properties' (collectively, “ACC Cross‐Complainants”) amended cross‐complaint (“ACC”). The demurrer 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). Cross‐Defendants is directed to immediately provide notice to ACC Cross‐ Complainants of the tentative ruling system and to be available at the hearing, via Zoom video or audio...

Excerpt: ...) Here, judgment was entered on January 25, 2021. (ROA 114, 115.) The Court declines to consider the motion as a motion for a new trial under Code of Civil Procedure section 657. Plaintiff has failed to show accident, surprise, newly discovered evidence, or an error of law. To the extent the motion is a motion for relief pursuant to Code of Civil Procedure section 473(b), the motion is also not persuasive. Code of Civil Procedure section 473 (b) ...

Excerpt: ...e April 13, 2021 calendar and allowed plaintiffs to file and serve a supplemental expert declaration on or before April 27, 2021 and for defendants to file and serve a response to the supplemental declaration by May 4, 2021. Plaintiff alleges defendants were negligent in failing to diagnose a benign brain tumor. The defendants jointly and individually move on the following grounds: 1)The defendants, individually or vicariously, complied with the ...

Excerpt: ...ge and hour action brought by Plaintiffs on behalf of a class of approximately 851 similarly situated individuals. On July 20, 2018, Plaintiff Johnson filed a representative action (the "PAGA Action") (Case No. 34‐2018‐00237292) in the Superior Court of California, County of Sacramento, against Summit Funding, Inc. (“Defendant”) on behalf of herself and other current and former aggrieved employees under the Private Attorneys General Act o...

Excerpt: ...class of approximately 468 similarly situated individuals. Plaintiff's claims are based on defendant The Sygma Network, Inc.'s (“Defendant”) purported failure to pay for all hours worked, failure to provide rest periods, failure to provide accurate wage statements, failure to pay all wages owed at the time of termination or separation, and failure to pay sick time at the regular rate of pay. Plaintiff further alleged Defendant's policies and ...

Excerpt: ...of race and disability discrimination, failure to pay overtime wages, waiting time penalties, wrongful discharge, unfair business practices, negligence, breach of contract, breach of implied covenant of good faith and fair dealing. (See generally, FAC (Register of Actions (“ROA”) 49).) Defendants demur to the fifth cause of action (Race and Disability Discrimination in violation of the Unruh Civil Rights Act (§§ 51, 52.1) and Bane Act, and ...

Excerpt: ...wage statements that identify the inclusive dates of the pay period, i.e. when the pay period began, and a cause of action for violation of PAGA predicated on Defendants' alleged violation of Labor Code section 226(a). The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal.App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the authoritative treati...

Excerpt: ...ations Code Section 17709.02 , is granted in part as set forth below. Charles Somers and Somers Trust move for security upon the ground that plaintiff Montelena Douglas Physicians, LLC “is more likely than not to fail to succeed on any derivative claim which will benefit the Defendant Douglas Cordova Commercial, LLC or its members, and because a security bond in the amount of $50,000 is reasonable in light of the expenses already incurred and t...

Excerpt: ... and hour action when she filed her complaint against ENS on December 3, 2020. Plaintiff alleges numerous causes of action pursuant to Labor Code § 2698 et seq. (Private Attorneys General Act of 2004 [“PAGA”].) Plaintiff alleges that ENS violated numerous provisions of the Labor Code through misclassifying non‐exempt employees as exempt and then failing to pay wages, failing to provide meal period compensation, failing to permit rest break...

Excerpt: ...Tuolumne Drive in Sacramento. Defendant seeks leave to file a cross‐complaint alleging causes of action for breach or oral contract, promissory estoppel, unjust enrichment and fraud in connection. The proposed cross‐ complaint is premised on certain alleged agreements and promises made with respect to the down payment Defendant made to purchase the subject property and repairs that she made. Defendant contends that she did not file the cross�...

Excerpt: ...possession of [CYSA] under the lease for the real property commonly known as the Cherry Island Soccer Complex (“Cherry Island”) with [Defendant] dated April 10, 2012” pending the hearing on the OSC. In the operative verified first amended complaint filed on April 14, 2021, CYSA alleges causes of action for “anticipatory breach of contract and injunctive relief,” “declaratory relief and injunctive relief”. CYSA also includes a “pet...

Excerpt: ...Abuse, Negligence Per Se, Unfair Business Practices, Fraud, and Constructive Fraud. Plaintiff alleges that he was neglected while at Defendants' Adult Residential Facility. Plaintiff alleges that he is a 38 year old developmentally and physically disabled adult. (Comp. ¶ 2.) He alleges that he suffers from Cornelia de Lange Syndrome, a genetic disorder which causes a broad range of challenges. He alleges that as a result of the syndrome he was a...

Excerpt: ...om 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 appointed for Samantha and Faith Turner. The Decedent was an alcoholic and had a .25 Blood Alcohol Level when he arrived. Plaintiffs allege that the Decedent was left alone despite being in a �...

Excerpt: ...d on September 25, 2020. (See ROA 133.) On February 24, 2021, the Court granted Defendant's motion to set aside the default of Defendant on the basis that he had not been served with the summons and complaint. (See Code Civ. Proc. § 473.5 (“When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve a...

Excerpt: ... 2020, Defendant served a subpoena on Plaintiff and Plaintiff's cellphone provider, Boost Mobile c/o Sprint Corporation, seeking relevant phone records over the duration of Plaintiff's employment. (Blueford Decl. ¶ 4.) Plaintiff never served objections to or sought to quash the subpoena. (Id. ¶ 5.) Boost Mobile, through counsel, informed Defendant on or about February 1, 2021, that it would only release the phone records after Plaintiff signed ...

Excerpt: ...immediately provide notice to Defendant's counsel of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Defendant's counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff moves for summary judgment on the grounds that there is no defense to the complaint, no triable issue of material fact, and no defense to any material fact, and that Plaintiff's evidence esta...

Excerpt: ...t the time, Defendant Brumley was employed by Defendants Choice Coffee Services and Daiosh U.S.A., Inc. (“Employer Defendants”). Employer Defendants have admitted that Defendant Brumley was acting in the course and scope of his employment when he struck Plaintiff's vehicle. Employer Defendants are vicariously liable for Plaintiff's injuries and damages caused by Defendant Brumley. Plaintiff alleges injuries including low back pain, neck pain,...

Excerpt: ... policy and the Tom Bane Civil Rights Act. Defendant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not “relate back” to Plaintiff's original complaint, and thus the actions are barred by the statute of limitations. Plaintiff's claims arise out of his termination by Defendant on December 20, 2017. On December 12, 2018, Plaintiff filed his origina...

Excerpt: ...inst public policy and the Tom Bane Civil Rights Act. Defendant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not “relate back” to Plaintiff's original complaint, and thus the actions are barred by the statute of limitations. Plaintiff's claims arise out of her termination by Defendant on December 20, 2017. On December 12, 2018, Plaintiff filed ...