Excerpt: ...laint in July 2018 alleging causes of action against Defendant Kiene and others for breach of lease and guaranty. Defendant Kiene and Gary Eblen then filed a cross‐complaint against Plaintiff and Taylor's Investment Co. for negligence, breach of contract and more. The cross‐complainants alleged that rental obligations were excused as a result of environmental issues which led them to vacate the subject premises. Taylor's Investment Co. is the...

Excerpt: ...Southgate's concurrent motion for monetary sanctions is denied as the motion is not opposed. Diede's "Non‐opposition" to the motion contains several arguments explaining or justifying the past conduct of the parties regarding this production, and arguing against the imposition of sanctions. However, since Diede represents in the opening sentence that it does not oppose the motion to compel, the remaining arguments in the nonopposition shall be ...

Excerpt: ...en he was sentenced to prison for life he entrusted his savings, a retirement account containing $114,730 as of August 2012, to defendant who was his childhood friend. In that respect, Plaintiff alleges that he gave defendant a power of attorney. Plaintiff alleges that he directed Defendant to access the account and pull out $11,000 and put $10,000 on his books. Plaintiff alleges that in September 2012 he discovered that half of the retirement ac...

Excerpt: ...oduce the custodian of records for all categories specified in the deposition notice, is DENIED as set forth below. Plaintiff's concurrent motion pursuant to Code of Civil Procedure section 2023.010, et seq., 2030.010 et seq., and 2031.010 et seq for terminating, issue, and evidentiary sanctions is DENIED. Plaintiff's concurrent motion for monetary sanctions in the amount of $10,000 is DENIED. The Court initially observes that Code of Civil Proce...

Excerpt: ...ligence, including that of Dr. Manalo. Marshall Schilling alleges a dependent claim for loss of consortium due to Regina Schilling's injury. Dr. Manalo moves for summary judgment upon the grounds that undisputed facts show his medical care and treatment of plaintiff Regina Schilling met the applicable professional standard of care, and did not cause or contribute to her alleged injuries. Dr. Manalo moves for summary judgment as to Marshall Schill...

Excerpt: ... in order to add among other allegations a PAGA cause of action. (Plaintiff provided PAGA notice to the Labor Workforce Development Agency (“LWDA”) on November 12, 2020.) The parties have stipulated to this amendment in order to complete the proposed settlement in full. Although such an amendment would usually require a separate noticed motion, the Court will grant leave here in order to position the action for settlement and effectuate the p...

Excerpt: ... opposes the motion. Plaintiff filed this action on May 12, 2020. Her Complaint alleges one putative class action claim pursuant to Business and Professions Code section 17200 et seq. which in turn is founded upon alleged violations of the Labor Code including misclassification as independent contractors, failure to pay overtime, failure to provide meal periods and rest periods, failure to pay minimum wage, and failure to reimburse business expen...

Excerpt: ...erruled. Plaintiffs' Request for Judicial Notice of specified items in the Register of Actions in this case is granted. This elder abuse action arises out of the care and treatment plaintiff Helen Williams ("Ms. Williams") received while she was a resident of Manor Care, a skilled nursing facility in Citrus Heights, California, in January and February of 2018. Plaintiffs' demand seeks to inspect Ms. Williams' PHI/EHR (Health Record) at the highes...

Excerpt: ...s final. The defendants jointly and individually move on the following grounds: 1)The defendants, individually or vicariously, complied with the required standard of care in treating plaintiff Christopher Miller, negating breach of duty; 2) there is an absence of legal causation between any negligent act and/or omission on the defendants' parts individually or vicariously and injury to plaintiff Christopher Miller; and, 3) The defendants, individ...

Excerpt: ...nty Sheriff Deputies had mistakenly entered his building when searching for a transient who had been reportedly trespassing at the adjacent commercial building next door. Plaintiff's First Amended Complaint alleges causes of action for violation of his civil rights and related claims. Defendants have submitted facts in their separate statement and supporting evidence that deputies responded to a late night call regarding a trespass and burglary a...

Excerpt: ...pay Plaintiffs' reasonable attorney's fees, costs, and expenses with Plaintiffs as the designated prevailing party Civil Code § 1794(d). Under the Song‐Beverly Consumer Warranty Act, Crv. Code § 1791 et seq., the prevailing buyer is entitled to recover reasonable attorney's fees, based on actual time expended, and court costs and expenses. Civil Code § 1794(d). Thereafter the settlement was delayed when the vehicle was in an accident and a s...

Excerpt: ...nistrative agencies that are referenced in the plaintiff's complaint. Plaintiff Patrick Notestine's ("Plaintiff or "Notestine") Complaint ("Compl.") alleges a third cause of action against Defendant Patriot Environmental Services, Inc. ("Defendant" or "Patriot") pursuant to the Private Attorneys General Act, Labor Code §§ 2698, et seq. ("PAGA"). Plaintiff seeks to recover civil penalties on behalf of all "current or former employees of Defendan...

Excerpt: ...March 23, 2015. This motion was placed on today's calendar after the Court granted Defendants' ex parte application for an order shortening time on March 24, 2021. Defendants move for a protective order pursuant to CCP § 2034.250 in connection with Plaintiffs' demand for exchange of expert witness information that was served on March 10, 2021. According to Defendants, the demand was duplicative of the previous demand served in March 2020. Defend...

Excerpt: ...assment based on disability, retaliation, failure to engage in the interactive process. She also alleges the Tenth Cause of Action for Intentional Infliction of Emotional Distress (“IIED”) which is the subject of the instant demurrer. Plaintiff began her employment with CSU in 1989 and is currently employed as an Administrative Support Coordinator I. She alleges that she suffers from numerous physical disabilities including anxiety and depres...

Excerpt: ...motion is opposed by co‐ defendant L.A.'s Best Security, Inc., dba American Calstar Security ("LABS"). The factual allegations of Plaintiff's action, the procedural history of the action, and the terms of the conditional settlement are all well described in the moving papers and need not be recited here. The California Supreme Court's opinion in Tech‐Bilt, Inc. v. Woodward‐Clyde & Assocs. (1985) 38 Cal. 3d 488, guides the court's inquiry un...

Excerpt: ... reopen discovery. This is Plaintiff's fourth attempt to try to reopen discovery. Plaintiff calls her motion an “objection to sanctions,” and she objects to the $852.50 in monetary sanctions that were awarded to Defendants pursuant to CCP § 128.5 on January 26, 2021. Plaintiff asks this Court to vacate the sanctions order, but she also asks the Court to vacate “all the orders.” A full reading of her moving brief reveals that Plaintiff, f...

Excerpt: ...tax liability. Defendants seek a protective order pursuant to CCP § 2017.020(a) which allows a court to limit discovery if it determines that “the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.” (CCP § 2017.020(a).) To that end, they seek a protective order stating that they do not need to respond to any further discovery unt...

Excerpt: ...e building permits in violation of numerous provisions of the County Code. Plaintiff previously sought a TRO/OSC re: preliminary injunction which the Court denied on November 20, 2020. (ROA 11) The Court found that the application did not contain sufficient evidence to show irreparable harm or emergency as there was no evidence that the ADU was occupied at the time and that the argument that unpermitted construction presented a risk of public har...

Excerpt: ...er real property at 8529 Bond Road in Elk Grove. JJD's predecessor‐in‐interest Elk Grove Marketplace, LLC entered into a lease agreement with Jo‐Ann's predecessor‐in‐interest FCA of Ohio, Inc. dated June 13, 2003 (“Lease”). JJD is the landlord and Jo‐Ann is the tenant under the Lease. JJD contends that certain provisions in the Lease setting forth when Jo‐Ann would pay reduced “alternative” or “Substitute Rent” in Sectio...

Excerpt: ...nses to Defendant's special interrogatories nos. 4, 8, 12, 17 and 20. These interrogatories asked Plaintiff to identify documents which she relied upon to support her contentions regarding Defendant's liability. For each interrogatory Plaintiff interposed numerous boilerplate objections, including objections based on relevance, that the interrogatories were overbroad and premature, called for expert witness information and a legal conclusion. Sub...

Excerpt: ...n this action, Plaintiff Pamela Palmieri (“Plaintiff Palmieri”) alleges that she represented Plaintiff Kayrinkia Gilliland (“Plaintiff Gilliland") in a foreclosure‐related matter. She alleges that she had a contingency fee agreement allowing for a percentage of the gross recovery and also provided her a charging lien for any sums owing for unpaid fees and costs. Plaintiff Palmieri alleges that she associated with Defendants in June 2016 a...

Excerpt: ...stence or non‐existence of a triable issue of material fact. *** Defendant the State of California by and through the 36th District Agricultural Association aka Dixon May Fair's ("Defendant" or "District” or the "36th District") Motion for Summary Judgment Or, In The Alternative, Summary Adjudication is DENIED. This case arises out of a collision between a golf cart and a two‐year‐old boy at the 2018 Dixon May Fair. The District is a stat...

Excerpt: ...leging causes of action for breach of contract, breach of the covenant of good faith and fair dealing, “deceit,” “concealment,” based on allegations that Plaintiff charges credit card interest in excess of allowable rates. Nowhere in the cross‐complaint does Defendant indicate that he seeks to represent a class. Nevertheless, he now brings the instant motion seeking to certify his crosscomplaint as a class action. He indicates that the ...

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: ... Plaintiffs allege that on September 16, 2016, the Decedent was working in the course and scope of his employment with Goodwill Industries as a "Loader and Unloader." Plaintiffs allege that the Decedent was checking the alignment of a container being unloaded from a "roll‐off‐hoist‐truck" when he was fatally injured. Plaintiffs allege causes of action for strict products liability, negligence (products), negligence, and a "survivor's action...