Excerpt: ...echanic employed by EJ. Defendant Ion Sirbu was employed by defendant TWT Express, LLC, and had brought a pick‐up tmck with a trailer attached to EJ's to have the vehicle serviced. Defendant Sirbu claims that he was instructed to move the vehicle by employee(s) of EJ's while at the same time and unbeknownst to him, Plaintiff was working under the vehicle. Plaintiff claims to have sustained injuries when the vehicle moved above him. This motion ...

Excerpt: ... of Court, Rule 3.769). 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.) 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 case...

Excerpt: ...1 and accepted by Plaintiff on May 14, 2021. In April 2021, Ford made offers to compromise pursuant to CCP. § 998 in the amount of $46,831.00, which included reimbursement for the truck plus attorneys' fees of either $7,500 or, at Plaintiffs choosing, an amount set by the Court following a motion for fees. Plaintiff accepted Ford's offer to compromise. Plaintiff seek $30,785.00 in attorneys fees in addition to a "lodestar" enhancement of 0.5, in...

Excerpt: ...s an employee of DGS, and has been for 20 years. She was in the DGS Office of Human Resources. She is a 45 year old Hispanic woman. Her supervisor at the time in question was defendant Applegate. Plaintiff alleges that Applegate decided to limit Plaintiff's job duties because Plaintiff had a romantic association with a Hispanic man. Plaintiff's job duties included assisting employees to understand their employee rights, status and qualifications....

Excerpt: ...nt Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114. Plaintiff has not challenged the request for judicial notice nor does he dispute the truth of the matters in the record including the Notice of Intent to terminate or the records of the administrative appeal including the order issued by the arbitrator Judge Fred Morrison, ret.. The First Amended Complaint was filed following the Court's granting of an anti SLAPP motion con...

Excerpt: ...uired by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. BACKGROUND Plaintiff Scalzi is a real estate broker with Sacramento Commercial Properties and a broke...

Excerpt: ...is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐ free) and enter the Zoom ID referenced above. Appearance is required. On December 20, 2021, plaintiff filed a "Request for Extension of Time" seeking to continue the oral argument from this date to February 6, 2022 due to a continued Covid outbreak in his unit and his inability to access Lexis at the law library to prepare for the oral argument. Plain...

Excerpt: ...le 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Background The underlying action is a representative action under PAGA on behalf of Plaintiff and certain individuals who are employed or were employed by Defendant Talley, Inc. (“Defendant”) and any subsidia...

Excerpt: .... (“Defendant”) between April 24, 2015 and November 12, 2021. According to Plaintiff's First Amended Complaint (“FAC”), Defendant operated a labor supply business serving public school districts in Sacramento County and throughout California. (FAC, ¶ 15.) Plaintiff alleges, among other things, (1) Defendant maintained payroll policies and practices that unlawfully deny compensation for involuntarily forfeited meal breaks and rest breaks;...

Excerpt: ...n (“Defendants”). According to Plaintiff's First Amended Complaint (“FAC”), Plaintiff and similarly situated employees (“Plaintiffs”) worked for Defendants as non‐exempt employees. (FAC, ¶ 18.) Plaintiff in particular worked as a material handler and forklift operator. (Ibid.) Plaintiffs regularly worked over 8 hours a day and/or 40 hours per week, incurring overtime and were paid non‐discretionary remuneration such as bonuses. (...

Excerpt: ... 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Background This is a wage and hour action brought by Plaintiff Courtenay Arneson (“Plaintiff”) on behalf of similarly situated current and former employees of Defendant Bahn Thai, Inc. (dba Thai Basil Café / V...

Excerpt: ...or TRO/OSC on December 17, 2021. Plaintiffs were ordered to file any opposition by December 30, 2021. Plaintiff Rezar Properties, Inc., et al filed a complaint alleging causes of action Judicial Foreclosure pursuant to CCP § 726, Breach of Contract, Fraudulent Conveyance, and others. Plaintiffs allege that Borrower (Auburn Ravine Venture) is indebted to Lenders under a promissory note entitled “Interest‐Only Period Fixed Rate Note” (the �...

Excerpt: ...te of Ryan Hendricks, against Defendants Aaliyah Bouchelaghem, Tahar Bouchelaghem, and Lurenda Schafer (“Ms. Bouchelaghem,” “Mr. Bouchelaghem,” and “Ms. Schafer,” respectively; “Defendants,” collectively). As relevant to this matter, Plaintiff alleges Mr. Bouchelaghem negligently entrusted Ms. Bouchelaghem, his daughter, to drive his 2009 Nissan Maxima. On October 21, 2019, Ms. Bouchelaghem caused the vehicle to collide with Deced...

Excerpt: ...�) allege several medical providers at Dignity Health dba Woodland Memorial Hospital and Dignity Health dba Mercy General Hospital were negligent in their care and treatment of Mr. Dodge leading him to suffer severe and permanent spinal injury, among other injuries. One of those providers, Dr. Khalil, now moves for summary judgment/adjudication on grounds that (1) there is no triable issue of material fact that he complied with the applicable sta...

Excerpt: ...gainst Winco on March 4, 2019, alleging premises liability and general negligence. On April 15, 2019, Winco filed a crosscomplaint against City Wide Property Services, Inc. (“City Wide”) for indemnification, apportionment of fault, and declaratory relief. On May 16, 2019, Riddex filed a Doe Amendment to her Complaint, adding City Wide as Doe 1. City Wide now moves for summary judgment as to Riddex's Complaint on the grounds that there are no ...

Excerpt: ...quest for production and to compel compliance are ruled upon as follows. Defendants' unopposed request for judicial notice is granted. Defendants filed two separate motions directed to both Plaintiffs' responses to its request for production though it has filed a single memorandum of points and authorities and Plaintiffs have filed a single opposition. Therefore, the Court will address both motions in a single ruling. In this action Plaintiffs al...

Excerpt: ... the premises of Defendant Whole Foods Market in Folsom and slipped and fell on an unknown food/liquid substance. (Complaint, p. 4.) On September 2, 2021, Plaintiff propounded Amended Special Interrogatories, Set No. 8 (“Amended Set No. 8”), consisting of 14 questions, on Defendant. (Black Decl., ¶ 3.) Defendant served responses on October 5, 2021. (Id., ¶ 4.) Plaintiff argues all of Defendant's responses were deficient in that none of the ...

Excerpt: ...re/Medicaid, the motion is DROPPED for defective service. California Rules of Court Rule 3.1346 provides: “A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or elec...

Excerpt: ...ffs' request for judicial notice is granted. By way of the instant motion Defendants seek an order compelling Plaintiffs Wilson and Hughes to provide further responses to their Form Interrogatory No. 17.1 (set two) as it relates to their Requests for Admissions Nos. 2‐225, and for Plaintiff Hughes to provide further responses to Form Interrogatory No. 17.1 (set three) as it relates to Requests for Admissions Nos. 350, 351, 356, 360, 364, 365, 3...

Excerpt: ... granted. Defendants filed two separate motions directed to both Plaintiffs' responses to its request for production though it has filed a single memorandum of points and authorities and Plaintiffs have filed a single opposition. Therefore, the Court will address both motions in a single ruling. In this action Plaintiffs alleged that Defendants represented them in an underlying action which they contend was settled for an unreasonably low amount....

Excerpt: ...cial notice is granted. In this action, Plaintiffs allege that they are officers and directors of Sacramento A‐1 that were engaged in the process of selling the company's assets. They allege that the relied on Defendants, their insurance brokers to obtain ongoing Directors & Officers insurance coverage after the sale of the company's assets. Plaintiffs allege that they believed that they were obtaining six years of “runoff coverage” to cove...

Excerpt: ...ies, Inc., et al filed a complaint alleging causes of action Judicial Foreclosure pursuant to CCP § 726, Breach of Contract, Fraudulent Conveyance, and others. Plaintiffs allege that Borrower (Auburn Ravine Venture) is indebted to Lenders under a promissory note entitled “Interest‐Only Period Fixed Rate Note” (the “Note”). The Note, dated January 6, 2020, was executed by Borrower in favor of Lenders, in the original maximum principal a...

Excerpt: ...eferenced above. Appearance is required. On December 20, 2021, plaintiff filed a "Request for Extension of Time" seeking to continue the oral argument from this date to February 6, 2022 due to a continued Covid outbreak in his unit and his inability to access Lexis at the law library to prepare for the oral argument. Plaintiff states that due to the Covid outbreak he has no physical access to the law library and can only do research on a "paging ...

Excerpt: ...lly provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court.” The proof of service indicates the moving papers were served on the other parties via email on December 8, 2021. Regardless, section 1005(b) requires the motion to be filed and served at least 16 court days before the...

Excerpt: ...he motion is ruled on as follows. Defendant's request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Defendant argues Mr. Gill is an apex witness and, as such, is not an appropriate deponent because he does not have unique or superior knowledge related to Plaintiff's claims. Further, Defendant alleges that Mr. Gill is not an appropriate deponent because he has no personal knowledge of any relevant subject matt...