Excerpt: ...ning documents, which she understood were subject to the laws of the State of California set forth in the Davis‐Stirling Common Interest Development Act ("Davis‐Stirling") and California's Civil and Corporations Code. Upon receiving the governing documents, Hemer read and reviewed each of them to familiarize herself with her rights and obligations and to gain an understanding of HOA's rights and obligations. Plaintiff contends HOA was require...

Excerpt: ...Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendant Secretary of State of California's (“Defendant”) motion to expunge lis pendens is GRANTED. Defendant moves pursuant to CCP § 405.30 to expunge the Notice of Lis Pendens recorded in the office of the Recorder of Kern County, California, Document Number 220124692 field on or about September 8, 2020 (the “Notice of Lis Pend...

Excerpt: ...omitted) While courts take judicial notice of public records, they do not take notice of the truth of matters stated therein. (citation omitted) ‘When judicial notice is taken of a document, … the truthfulness and proper interpretation of the document are disputable.' (StorMedia Inc. v Superior Court (1999) 20 Cal.4th 448, 457, fn 9.” Herrera v Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375. The underlying dispute arose ...

Excerpt: ...the Subject Vehicle's Theta II Engine that can result in catastrophic engine failure/seizure, stalling while in operation, and engine fire. On December 26, 2019, Defendant produced approximately 1.7 million pages of documents in this matter. This document production consisted of all documents turned over by Defendant to National Highway Transportation Safety Administration (NHTSA) in response to NHTSA's investigation Recall Query 17‐003 ("RQ 17...

Excerpt: ...alership including warranty claims and negligent repair, in connection with his purchase of a 2015 Jeep Grand Cherokee. On November 17, 2020, FCA's Motion to Compel Arbitration was denied on the basis that FCA had waived the right to arbitrate (See Minute Order, Department 53, November 17, 2020) The Court did not address plaintiff's other arguments as to why the case should not go to arbitration such as that the contract is subject to rescission ...

Excerpt: ...hristian School starting when plaintiff was a 16 year old sophomore at the school. Plaintiff alleges that Lombardi exploited Plaintiff's vulnerability and confidence, and after gaining trust and control over Plaintiff, seduced him into an unlawful and harmful sexual relationship, including, but not limited to, sexual intercourse. Plaintiff alleges Capital failed to supervise Lombardi. Plaintiff alleges causes of action against Capital for Neglige...

Excerpt: ...of the accident and that there is no evidence to support Plaintiffs claim. UMF Nos. 1‐5 in support of the motion state that on November 30, 2017, defendant was involved in a rear‐end auto accident on northbound State Route 99 near the Sheldon Road exit in Sacramento. She was driving a 2005 GMC Yukon and rearended Ireana Price, who was driving a 2001 Ford Expedition. The accident took place around 8:30 a.m. She did not consume any alcohol on t...

Excerpt: ...hat the Class Notice be sent to Class Members in the manner set forth in the Agreement; (3) Schedule a hearing on final approval of the proposed Settlement and Plaintiff's counsel's application for an award of attorney's fees and litigation costs. Plaintiff worked as a barista at a Dutch Brother's coffee kiosk owned by defendant. Plaintiff alleges the following causes of action on a class or representative basis: (1) Failure to Provide Rest Break...

Excerpt: ...FAC on September 9, 2020. Plaintiff alleges the following eight causes of action against Defendant: (1) Violation of Civil Code § 1708.7 (stalking); (2) Invasion of Privacy; (2) Violation of California Penal Code § 502 (unauthorized computer access); (4) Violation of 18 USC §1030 (knowingly accessing a computer without permission); (5) Violation of 18 USC § 2510 et seq. (electronic communication privacy act); (6) Violation of 18 USC § 875 (t...

Excerpt: ... shall be available, by COURTCALL, or by Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendants' Compton, Barretto, Bobbala, Heredia, Macomber, and Wangombe's ("Defendants") Demurrer to the Complaint filed by self‐represented incarcerated plaintiff is ruled on as follows Defendants' Request for Judicial Notice is granted. Plaintiff alleges a medical negligence claim under Cal. C...

Excerpt: ...ctors Dylan Eacret, Jonathan Merrit, and Jorge Chavez (collectively, the “Proposed Intervenors”) have opposed. The Proposed Intervenors have not yet been granted leave to intervene. Their Motion to Intervene is scheduled to be heard on January 22, 2021. Thus, at this time the Proposed Intervenors have no standing to insert themselves into this litigation. The Proposed Intervenors have also failed to cite to any legal authority that would allo...

Excerpt: ...truction, and maintenance throughout California. (Melmed Decl. ¶ 5.) Plaintiff was employed by Defendants during the Class Period. (Melmed Decl. ¶ 6; Garcia Decl. ¶ 4.) The Class Period is defined as “September 15, 2016, through March 23, 2021, or the date of first preliminary approval hearing, whichever occurs first.” (Stipulated Settlement Agreement and Release of Claims (the “Settlement Agreement”) ¶ A.5.) Plaintiff's claims are ba...

Excerpt: ...on behalf of all hourly or non‐exempt employees who worked for defendant Mel Dawson, Inc. dba Dawson Oil Company (“Defendant”) within California between March 5, 2016, through December 31, 2020. On December 11, 2020, Plaintiff filed his First Amended Complaint (“FAC”), which added a claim for civil penalties under the Private Attorney General Act (“PAGA”). Plaintiff alleges Defendant failed to pay minimum and overtime wages, failed ...

Excerpt: ...e heard on October 13, 2020. On that date, the Court denied the motion without prejudice for lack of proper notice because the separate statement and supporting declaration of Natalie L. Winslow were not field until September 29, 2020, which was only two weeks prior to the hearing. The Court found that Plaintiff may file an Amended Notice of Hearing rather than filing a new motion, after obtaining a new reservation date for the motion. (ROA 171.)...

Excerpt: ...e mailing by the TPA of the letter to the class from Plaintiff's counsel; and (3) produce the documents to the TPA in the form requested by a date certain is GRANTED as follows. This class action asserts various causes of action against First American relating to alleged underpaid repair claims by applying improper depreciation. Due to her illness, Plaintiff is no longer able to serve as class representative and sought, by way of document request...

Excerpt: ...quest for judicial notice of the Cross‐Complaint and First Amended CrossComplaint filed by Catalyst in this action is granted. At the outset, this motion also seeks multiple forms of relief regarding two separate forms of written discovery (special interrogatories and requests for production), each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, ...

Excerpt: ...equest for judicial notice of documents in the Court's file 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. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hi...

Excerpt: ... Court to maintain personal jurisdiction over it. The project/work at issue was at the McCarron Airport in Las Vegas, Nevada, and all parties are subject to personal jurisdiction in the proposed alternative forum of Clark County, Nevada. Bombard's request for judicial notice is granted. This litigation was originally venued in Alameda County, California. Plaintiff Moz Designs, Inc. sued Capitol Store Fixtures and National Wood Products, Inc. only...

Excerpt: ...d to notify Defendants immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Defendants appear without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for judicial notice is granted. It must also be observed that “[w]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, includin...

Excerpt: ...ants' third amended PMK notices directed to Plaintiffs. Defendants also request sanctions in the amount of $3,540. The motion is continued to February 4, 2021, as follows. Defendants allege that, to allow for adequate time following PMK depositions to coordinate and take necessary individual deposition, Defendants require an immediate court order to complete discovery in advance of the April 2021 trial date. Defendants served initial deposition n...

Excerpt: ...taff privileges at Methodist Hospital of Sacramento. Plaintiff named as defendants Dignity Health, Dignity Health Methodist Hospital of Sacramento, and Does 1 through 30. According to the FAC, plaintiff “has been a strong patient's advocate” and “in an attempt to intimidate Plaintiff and silence his patient advocacy, certain worker's compensation insurers falsely reported that Plaintiff was billing for x‐rays that had not been taken, whic...

Excerpt: ...g; third cause of action for violation of Civil Code section 2924.17; fourth cause of action for violation of Business & Professions Code section 17200, et seq; fifth cause of action for cancellation of instrument; and sixth cause of action for quiet title on the grounds that each cause of action fails to allege sufficient facts to state a cause of action against Defendants and the pleading of the cause of action is fatally uncertain. (See Code C...

Excerpt: ...g Massachusetts as the exclusive forum. In the complaint Plaintiff alleges causes of action against moving Defendants and others (Gray Line Corporation, Inc. and Gray Line Las Cabos) for false advertising in violation of Business & Professions Code § 17500 et seq., violation of the Consumer Legal Remedies Act (“CRLA”) and for unfair completion in violation of Business & Professions Code § 17200 et seq. Plaintiff alleges that he booked a shu...

Excerpt: ...urram Ahmad's real property at 9459 Secretariat Lane in Elk Grove (“Property”). The underlying lawsuit involved claims against Khuttam Ahmad and his business American River RV, Inc. pursuant to an Inventory Settlement Agreement which Khurram Ahmad personally guaranteed. Plaintiff alleges that Khurram Ahmad transferred the Property to MN Real Estate, LLC which is owned by his parents Makhtar and Nazai Ahmad. Plaintiff alleges that Khurram Ahma...

Excerpt: ...dants Sumit Sharma and SF Edison Partners LP (collectively “Skyview Villa”). Mr. Faisal and Plaintiff Madeem Razmal allege that Mr. Faisal encountered a group of gang members in the parking lot of the apartment complex. When Mr. Faisal verbally questioned them, Mr. Williams, who was apparently one of the gang members, fired a flare gun towards Mr. Faisal's face, striking him in the eye and causing significant injuries. Mr. Faisal alleged a si...