Excerpt: ...al. v. The California State Grange, et ai. Case No. 34‐2012‐00130439.) CSG's Evidentiary Objection to the Declaration of Kevin Kasnick are sustained. The evidentiary objections to the Deposition of Betsy Huber (Fayard Decl.) are overruled. EG Guild's Evidentiary Objections to the Declaration of Herman are overruled. In its Complaint, CSG alleges the following cause of action: 1st cause of action Declaratory Relief, 2nd cause of action Cancell...

Excerpt: ...he County has filed two identical motions for protective order, one in each case. The court is issuing the same ruling in each case. (See ruling in Case No. 2020‐00287693) This is a nuisance abatement action in which Plaintiff County of Sacramento alleges that Defendants have constructed an Accessory Dwelling Unit ("ADU") on certain real property in Fair Oaks without the requisite building permits, in violation of numerous provisions of the Cou...

Excerpt: ...he County has filed two identical motions for protective order, one in each case. The court is issuing the same ruling in each case. (See ruling in Case No. 2020‐00288731) This is a nuisance abatement action in which Plaintiff County of Sacramento alleges that Defendants have constructed an Accessory Dwelling Unit ("ADU") on certain real property in Fair Oaks without the requisite building permits, in violation of numerous provisions of the Cou...

Excerpt: ...ndant 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 Plaintiffs original Complaint, and thus the actions are barred by the statute of limitations. Plaintiffs claims arise out of his termination by defendant Zurich American Insurance Company on December 20, 2017. On December 12, 2018, Plaintiff filed his original Complaint against...

Excerpt: ...d 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. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not acc...

Excerpt: ... sexual and racial harassment and a cause of action for wrongful termination in violation of public policy. Plaintiff, who is an African‐American female worked for Defendant Capitol Area Development Authority (“CADA”) as a leasing agent for three years. She alleges that her superiors discussed their sex life around her, made derogatory racial comments and displayed offensive pictures. (FAC ¶¶ 18, 19.) She alleges that she was sometimes re...

Excerpt: ...ation, assault, and battery. Plaintiff alleges that Defendant ISS Facility Services, Inc. (“ISS”) was his employer. Plaintiff also “sues fictitious defendants Does 1 through 50 . . . because their names and/or capacities and/or facts showing them liable are not known presently.” (FAC ¶ 5.) Plaintiff alleges the Doe Defendants were “the agent and/or employee of every other defendant acting within the course and scope of said agency and/...

Excerpt: ...uld pay Hartin & Hume $12,000 in exchange for a dismissal of Hartin & Hume's cross‐complaint. Though there is no written settlement agreement, DCD now moves to “enforce” the oral settlement pursuant to CCP § 664.7 and requests that the Court order Hartin & Hume to sign a written settlement agreement, accept tender of $12,000, and dismiss the crosscomplaint. DCD also seeks sanctions. Hartin & Hume oppose the motion on the basis that the Cou...

Excerpt: ...iability. By way of the instant motion it moves to compel the Director of the Employment Development Department (“EDD”) and the Executive Director of the California Unemployment Insurance Appeals Board (“CUIAB”) to various forms of written discovery. The Court previously denied Defendants' motion for a protective order in which they requested that they need not respond to discovery until Plaintiff has been found to state a valid cause of ...

Excerpt: ...cal repair and maintenance services Plaintiff allegedly provided at various prisons. Plaintiff alleges that it subcontracted with Vistam to provide electrical services at several of the CDCR's facilities and that Vistam failed to pay as agreed. Plaintiff alleges breach of contract causes of action against Vistam in addition to various common count causes of action, stop notice causes of action and a cause of action for failure to provide a bond. ...

Excerpt: ... provisions of the County Code. Plaintiff seeks injunctive relief requiring Defendants to obtain the requisite permits or alternatively to remove the structure. This matter was continued from April 1, 2021 after Plaintiff filed an “objection” just prior to the hearing indicating it had not been served with the demurrer and only discovered it by checking the Court's website. The Court continued the matter to permit the filing of an opposition....

Excerpt: ...e § 17200; (4) violation of Business & Professions Code § 17500; and (5) declaratory relief. Plaintiff alleges that Defendant improperly assesses numerous insufficient funds fees (“NSF fees”) on a single item. (FAC ¶ 1.) Plaintiff alleges that the subject Account Agreement and Fee Schedule (“Account Agreement”) provided that Defendant would charge one NSF fee for an item that was returned one or more times for insufficient funds but th...

Excerpt: ...oom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendants V. Penmetcha, M.D., A. Johnson, M.D., and S. Hill (collectively, “Defendants”) demurrer to Plaintiff Mervin LeRoy's (“Plaintiff”) First Amended Civil Complaint (“FACC”) is sustained with leave to amend. Plaintiff's currently‐operative “First Amendment Civil Complaint” (“FACC”) is actually the Second Amende...

Excerpt: ...n" or “the company”) and that on August 1, 2017, they entered into an agreement to sell their shares in D.Y. Calison to Amber and Robert Sykosky (the "Sykoskys"). That the sale closed on September 1, 2017. Prior to the sale, D.Y. Calison had obtained workers' compensation insurance from a carrier called Berkeley Net through Defendant. In obtaining the insurance policy, the Yaws told Defendant that they were selling D.Y Calison to the Sykoskys...

Excerpt: ...s on the premises where the model homes were sold, i.e., the “Fireside” development. Plaintiff alleges that Defendant's guards were often late and failed to comply with check‐in procedures, including at the exact date and time of Plaintiff's assault. Plaintiff also alleges that there had previously been concerns raised to Defendants regarding the behavior of the very man who eventually did allegedly assault Plaintiff. (See generally, Pl.'s ...

Excerpt: ...GRANTED with respect to Dr. Shorr and Dr. Barchuk. Defendants Faryal Michaud, D.O., and Robert Dias, M.D., oppose the motion. Defendant Dignity Health also opposes. This ruling refers to Drs. Michaud, Dias, and to Dignity Health collectively as “Defendants.” In this medical malpractice action, Plaintiff alleges a single cause of action for medical malpractice against Defendants relating to his stay and treatment at Mercy General Hospital from...

Excerpt: ...mands for Production Set Four, is ruled upon as follows. This case arises out of a collision between a golf cart and a two‐year‐old boy at the 2018 Dixon May Fair. The golf cart was allegedly owned by Defendant Professional Event Services (“PES”) and was being driven by Defendant John Meek. While traveling through a concert venue at the fair venue, Mr. Meek drove the golf cart into and over Plaintiff David S. Cruz Abundio ("Plaintiff'), a...

Excerpt: ...eviously, Plaintiff moved to compel Defendant to provide full and complete responses to certain requests for production (set one). The Court granted the motion, but narrowed the scope of the requests. The subject requests, Nos. 1, 13, 17, 20, 22, 70, 74, and 75 related to Defendant's investigations and analysis regarding the Defects. Defendant had interposed numerous objections, which the Court overruled. In its Order of 1/14/21, the Court held t...

Excerpt: ...on as follows. Plaintiff alleges he was an employee of Acana Management beginning in or around June of 2015, and worked as a laborer until his wrongful termination on or about May 6, 2016 due to a perceived disability after he suffered a torn meniscus. Plaintiff alleges nineteen causes of action arising out of his employment. He alleges claims under FEHA, the Labor Code, and common law. In the instant motion, Plaintiff asserts that “Defendants ...

Excerpt: ...ourt on September 15, 2017. (See ROA 9.) On December 4, 2019, Plaintiff dismissed all individual defendants. On March 10, 2020, the federal court granted Plaintiff's motion to amend her complaint, in part, and dismissed Plaintiff's fourth and fifth causes of action for discrimination and retaliation in violation of the Family Medical Leave Act (“FMLA”), and remanded the case back to this court. Defendant now seeks summary adjudication on each...

Excerpt: ...ners (1976) 11 Cal.3d 2, The contradiction between prior discovery responses, here interrogatories, and the current declaration must be clear and unambiguous, not fragmentary or equivocal responses made during the prior discovery. Price v Wells Fargo Bank (1989) 213 Cal.App.3d 465, 482; Benvenidez v San Jose Police Dept. (1999) 71 Cal.App.4th 853, 861‐862. The Court finds that the interrogatory responses, which describe among other things her m...

Excerpt: ...specifying the sanctions sought, nor providing a supporting declaration. This action arises from an alleged incident which occurred on March 22, 2020 at the Walmart in Folsom, California. Plaintiff had placed two packs of toilet paper in her shopping cart in violation of the Covid‐19 limit of one pack of toilet paper per customer. Plaintiff contends she was assaulted and battered by the store's Assistant , defendant Andy Litsas, when he removed...

Excerpt: ...ion to a cause of action for violation of Business and Professions Code § 17200 which is premised on the Song‐ Beverly Act violations. Defendant moves to compel arbitration of Plaintiff's complaint pursuant to an arbitration provision contained an online Motor Vehicle Purchase Agreement (“MVPA”). The subject provision in the MVPA, which is set apart from other provisions, reads as follows: Agreement to Arbitrate. Please read this provision...

Excerpt: ...evard in which Plaintiff Mahmoud Khattab. M.D. (“Dr. Khattab”) and Plaintiff 9250 Big Horn Holdings, LLC (“Big Horn”) entered into a construction agreement with Defendants and Sheba Construction, Inc. (“Sheba Construction”), whereby Defendant would serve as the project developer for the building's construction and Sheba Construction would act as the general contractor. At issue on the instant motion are Plaintiffs' third and fourth ca...

Excerpt: ...nd for trespass. Plaintiff alleged that it was formed in May 2017 to engage in the ownership, development and leasing of real property. Provident Trust Group, LLC Custodian FBO William Lauth IRA was the majority member with 81.25% of the membership interests and Defendant owned the remaining 18.75% membership interests. Plaintiff is a managed the LLC and the elected manager has the exclusive authority to manage Plaintiff's business. Plaintiff's s...