Excerpt: ... two; and request for production of documents, set four. Following the Court's order to meet and confer, Defendant SMF agreed to provide further responses to form interrogatories, set two, no. 17.1 and request for production of documents, set four, no. 53 for all requests for admission. The parties have resolved their dispute as to request for admissions, set one, no. 6, and the corresponding form interrogatory, set two, no. 17.1, and request for...

Excerpt: ...Plaintiff's favor (first cause of action for malicious prosecution); and (2) Association had probable cause to file its complaint (first cause of action for malicious prosecution). Defendants allege that the undisputed facts demonstrate that the underlying complaint to Plaintiff's cause of action for malicious prosecution was not terminated in Plaintiff's favor, was brought with probable cause, and was not initiated with malice. Defendants allege...

Excerpt: ...ard of care at all times, and that Plaintiff Teresa Dodge's loss of consortium claim is derivative of Plaintiff Mark Dodge's alleged medical malpractice cause of action and therefore must also fail. Legal Standard In evaluating a motion for summary judgment, the Court engages in a three‐step process. First, the Court identifies the issues as framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment. ...

Excerpt: ...contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendant Perdue Foods, LLC's (“Perdue”) motion for summary adjudication of Plaintiff's second, third and fourth cause of action is ruled upon as follows. Preliminary Matters Perdue's counsel failed to co...

Excerpt: ...ted, on the grounds that his attorney Jan Dudensing did mistakenly fail to respond to any of the papers served by the defense because they were only email served to an old and unmonitored email address, without any mail‐service copies to calendaring staff due to an emergency local rule put in place to halt the spread of the global pandemic.” The notice of motion does not specify the date order the order from which Plaintiffs seek relief. The ...

Excerpt: ... employment with Mercy as its Associate Vice President in its Administration Department. Plaintiff contends he was wrongfully terminated while taking protected medical leave and that defendant failed to engage in the interactive process with regard to accommodating plaintiff so that he could extend his medical leave for three additional months. Defendant seeks summary adjudication of the following issues: Issue One: Plaintiffs First Cause of Acti...

Excerpt: ... and American Specialty Healthcare Inc.'s demurrer is entitled "Opposition to Central Valley Specialty Hospital's Demurrer." The FAC alleges claims for dependant/ elder abuse, fraud, and wrongful death arising out of the care and treatment of decedent Ronald Bingham. Hospital contends that all causes of action except wrongful death fail to state facts sufficient to constitute a cause of action and are uncertain. CCP 430.10(e) and (f). Allegations...

Excerpt: ...ruck. While Plaintiff was under the trailer, Defendant Ion Sribu allegedly started the truck and almost ran Plaintiff over, causing injury to Plaintiff. Defendant Ion Sribu was allegedly acting within the scope of his employment as a truck driver for Defendant TWT Express, which is owned by Victor Tigan. (Compl. ¶ 10.) The incident allegedly occurred on or about June 19, 2018. On November 5, 2021, Plaintiff issued a deposition subpoena to the De...

Excerpt: ... alleges causes of action for negligence, strict liability (failure to warn), strict liability (design defect), fraudulent concealment, and breach of implied warranties. He alleges that he was diagnosed with Chronic Myelogenic Leukemia ("CML") in 2000. He alleges that the defendants' products caused his disease. Mr. Villanueva's wife, Seanne Villanueva, alleges a cause of action for loss of consortium. In this action, “[i]n order to investigate...

Excerpt: ...e pleading alleges one cause of action for subrogation: “the insured had a policy of insurance with Plaintiff covering the damages which are the subject of this action. As required by both the policy and Plaintiffs duty of good faith and fair dealing with its insured, Plaintiff investigated the loss, determined it was covered and paid the claim. The total loss was $28,906.17. Plaintiff now seeks subrogation of its payment (and recovery of any u...

Excerpt: ...ervices of Defendant “to amend as Settlor the Ruzir Family Trust” and to represent her in regards to the estate of Plaintiff's father Peter G. Ruzir, Jr. who died on July 24, 2010. (FAC, ¶ 10.) Decedent instructed Defendant that it was her intention to benefit Plaintiff “by the transfer of Decedent's remaining trust property by her named Successor Trustee, Judy Martin [“Martin,” Decedent's niece], of her revocable living trust.” (Id....

Excerpt: ...l Argument will take place on January 13, 2022, at 1:30 p.m. The Clerk shall fax a copy of this tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Lloyd Davis within 48 hours. The litigation coordinator is directed to have Lloyd Davis available at oral argument on January 13, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone...

Excerpt: ... Plaintiff alleges causes of action under FEHA for disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation and failure to prevent discrimination, harassment and retaliation. She also alleges a cause of action for wrongful termination in violation of public policy and defamation. Plaintiff alleges that she had been employed for over ten years and was Defendant's preschool director. She alleges t...

Excerpt: ...fendant violated various provisions of the Labor Code and certain Wage Orders by failing to pay overtime, failing to provide meal and rest periods, failing to pay minimum wages, failing to pay wages upon termination, failing to timely pay wages during employment, failing to provide complete and accurate wage statements and pay records, and failing to reimburse necessary business expenses. (ROA 1) There are no other allegations in the complaint. P...

Excerpt: ...r, alternatively, to declare all renewals invalid as renewals were of the wrong judgment is ruled on as follows. Judicial Notice Harrison's Request for Judicial Notice (“Harrison RJN”) and Rushing's Request for Judicial Notice ("Rushing RJN") of documents in the Court's file, including Harrison's Request for Judicial Notice of the Register of Actions in this case, are GRANTED. In taking judicial notice of these documents, the Court accepts th...

Excerpt: ...they should have designated on the initial designation on a topic reasonably anticipated to be in dispute. The motion is ruled on as follows. This action arises from a dog bite incident involving Plaintiff Arianna Hedding‐Kelton at the home of Defendants Oscar and Monica Madrigal. Pursuant to Code of Civil Procedure section 436, a court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all o...

Excerpt: ...amended complaint, which warrants summary judgment on the first cause of action for dangerous condition of public property pursuant to Government Code section 835. Defendant contends that, since Plaintiffs cannot establish liability pursuant to Government Code section 835, the second cause of action for liability pursuant to loss of consortium/negligent infliction of emotional distress warrants summary judgment. Legal Standard In evaluating a mot...

Excerpt: ...entative ruling system and to be available at the hearing, via Zoom video or audio, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Defendants' request for judicial notice is granted. Defendants general demur to Plaintiff's SAC, consisting of Plaintiff's first cause of action for violation of the Unruh Civil Rights Act and second cause of action for violation of Civil Code section 51.5, on grounds ...

Excerpt: ...the Elk Grove Tribune and the owner of the internet blog Chronicles Blog & Adoption Ministry. (Complaint, ¶ 6.) The Elk Grove Tribune is an internet‐based news publication and a resource for local and community news, community events, and support for local businesses. (Id., ¶ 7.) Defendant is a former writer for the Elk Grove Tribune who ceased contributing content to the publication on July 22, 2020. (Id., ¶ 8.) On September 2, 2020, Plaint...

Excerpt: ...ding anti‐aging procedures such as botox fillers and laser treatments. (Complaint, ¶ 13.) Beginning around 2016, Defendant asked Plaintiff if he would like to enter into a business arrangement with her, an opportunity Plaintiff rejected. (Id., ¶ 15.) In March 2017, Defendant informed Plaintiff that her business was failing and inquired into Plaintiff's desire to assume her office space lease. (Id., ¶ 16.) Induced by Defendant's assurances to...

Excerpt: ...on arises from a business partnership dispute involving 8 real estate projects in Sacramento County. Plaintiffs Ericson Real Estate LLC, Scott Ericson (“Mr. Ericson”), and Trisha Ericson (collectively “Plaintiffs”) allege that Defendants 3 Point, Chris MacPhail (“Mr. MacPhail”), and Dorothy MacPhail surreptitiously took profits belonging to the partnership for their own personal gain. Among other things, Plaintiffs allege that the Mac...

Excerpt: ...t employee and thus violated certain Wage Orders and the Labor Code by, for example, failing to provide itemized wage statements, pay overtime, provide meal and rest breaks, and more. Plaintiff moves for summary adjudication of Defendant's tenth affirmative defense in Defendant's answer to Plaintiff's First Amended Complaint (“FAC”). Plaintiff asserts that Defendant's tenth affirmative defense to Plaintiff's FAC fails to allege a valid defens...

Excerpt: ...painting and wall‐covering contractor. (Complaint, ¶ 6.) According to Plaintiff's Complaint, Plaintiff and other non‐exempt employees for Defendant were responsible for all aspects of painting and wall covering services according to work order and safety standards. (Id., ¶ 10.) Plaintiff alleges that Defendant failed to provide accurate written wage statements (id., ¶¶ 24‐28), failed to reimburse necessary business expenses (id., ¶¶ 2...

Excerpt: ...ird Amended Complaint (“Amended Complaint” or “TAC”), Defendant Condie (“Condie”) is a real estate agent who was employed by Defendant H and M Re Holdings, Inc. DBA New Vision Realty Group (“New Vision”). (TAC, ¶¶ 7, 8.) United Global LLC is a limited liability company, managed and indirectly owned by Mark Evans (“Mr. Evans”) and Renee Evans (“Mrs. Evans”). (Id., ¶ 2.) On February 16, 2016, Condie assisted Defendant Uni...

Excerpt: ...eorge Ben Godinez (“Plaintiff”) is an insurance salesman who worked for Defendants. He alleges that Defendants failed to properly compensate him. (See generally, Second Amended Complaint, “SAC”.) The SAC asserts causes of action for: (1) Breach of Contract, (2) Defamation, (3) Tortious Interference with Business Relationship, (4) Intentional Interference with Prospective Economic Relations, (5) Negligent Interference with Prospective Econ...