Excerpt: ...eview by the court; and (2) a later detailed review after the period during which notice is distributed to class members for their comments or objections. (Conte & Newberg, Newberg on Class Actions (Newberg) § 11.24 (4th Ed. 2002).) This procedure, which is commonly utilized by both federal and state courts, assures class members of the protection of procedural due process safeguards and enables a court to fulfill its role as the guardian of the...

Excerpt: ... of the Fair Employment and Housing Act arising out of his employment with defendant. Allegations of FAC Plaintiff alleges that in March 2017, Plaintiff learned from the staff that he supervised about an alleged inappropriate intimate/sexual relationship between Defendant Alvarez, plaintiff's supervisor, and a female subordinate staff member supervised by Plaintiff. In or about March 2017, Plaintiff reported to management his and his staff's conc...

Excerpt: ... Snyder, in which she pleaded a single cause of action for defamation in connection with the termination of her employment. (RJN, Exh. A; ROA 1.) On September 8, 2020, Plaintiff moved for leave to file her FAC to add Neil DeBlock as a defendant and to add causes of action for wrongful termination against public policy (against Zurich only) and violation of the Tom Bane Civil Rights Act. (Civ. Code § 52.1, et seq.) (against all Defendants). (RJN,...

Excerpt: ...r alleged pretextual firing. Trial is currently set for March 7, 2022. The Honorable David Brown (Ret.) has been serving as the discovery referee in this action. The Court granted Plaintiffs' prior request to continue the hearing on Defendants' Motion for Summary Judgment (“MSJ”) and moved the hearing from September 2, 2021, to December 15, 2021. Plaintiffs now seek to strike Defendants' MSJ on grounds that Defendants have failed to provide �...

Excerpt: ...ict liability under California Civil Code Section 3342, general negligence, and negligent infliction of emotional distress. Plaintiffs allege a dog attacked minor Plaintiff Arianna Hedding at the backyard of the property located at 8937 Robbins Road, Sacramento, California. Plaintiffs' pleading alleges that Defendants were the dog owners, possessors and/or keepers of a dog that, without provocation, bit minor Plaintiff Arianna Hedding‐Kelton, c...

Excerpt: ...ntal Concepts (“Defendant”). In the instant motion, Plaintiff seeks a protective order requiring that her deposition not be taken in‐person, and that instead be taken using remote technology. Defendant opposes the motion and seeks an in‐person deposition. Request for Judicial Notice Defendant's Request for Judicial Notice, which attaches materials from the Centers for Disease Control website, is unopposed and is granted. (See e.g. Tenet H...

Excerpt: ...onal infliction of emotional distress, and negligent infliction of emotional distress. The FAC alleges that Plaintiff had a homeowner's insurance policy with Defendant as the insurer. The FAC also alleges that on July 1, 2016, Plaintiff's house suffered substantial and extensive damage when a large fire started at Plaintiffs neighbor's house, and then spread to Plaintiff's house. Immediately after the fire damage to Plaintiff's house, Plaintiff t...

Excerpt: ...pursuant to Code of Civil Procedure section 430.10(e), (f), and (g) contending the pleading fails to state facts sufficient to constitute a cause of action, is uncertain, and fails to specify whether the alleged contract is written, oral, or implied by conduct. A complaint must contain a statement of the facts constituting the cause of action in ordinary and concise language. (Code Civ. Proc. § 425.10(a)(1).) The complaint must set forth the ess...

Excerpt: ...allegedly unpaid to Plaintiff, the resident manager of an apartment complex owned by Defendants. Defendants allege Plaintiff was an independent contractor. The special interrogatories at issue are related to Plaintiff's claims seeking to recover penalties under the Private Attorneys General Act and seek contact information for other similarly situated/aggrieved managers. Plaintiff propounded the subject discovery on December 9, 2020. An identical...

Excerpt: ... asked improper legal contention questions. Plaintiff claims that the questions were improper under Rifkind v. Superior Court (1994) 22 Cal.App.4th 1255, but defense counsel disregarded the law and continued to ask improper questions. Plaintiff's motion is brought pursuant to Code of Civil Procedure section 2025.420. Section 2025.420(a) states: “Before, during, or after a deposition, any party, any deponent, or any other affected natural person...

Excerpt: ...uail Brook Circle, Elk Grove, California. BC alleges that the oral contract was valued at $24,740 for the original scope of work, plus $8,748.11 in changes of the scope of work. BC contends defendant owes an unpaid balance of $28,934.11.(Complaint ¶¶ 1‐‐16) A mechanics lien was filed January 4, 2021(Carello Decl Ex. B) BC alleges causes of action for (1) Breach of Oral Contract, (2) Enforcement of Mechanic's Lien, (3) Quantum Meruit, (4) Op...

Excerpt: ...fied Services, Inc. employment and termination of Susana Oh's employment based upon her perceived inability to perform essential duties of her work. Approximately four and a half months after her termination, Ms. Oh committed suicide. Ms. Oh's heirs now seek to recover damages against Ms. Oh's former employer, defendant Crossroads Diversified Services, Inc., and her former manager at Crossroads, Zang Fang, for allegedly causing her death. Defenda...

Excerpt: ...to the Declaration of William Wright is are overruled. Plaintiff alleges in his Complaint that he was subject to discrimination and harassment in the workplace, and "[a]s a proximate result" of the alleged conduct "[P]laintiff was hurt and injured in Plaintiff's health, strength and activity, sustaining injury to Plaintiff and shock an injury to plaintiffs nervous system and person, all of which have caused and continue to cause Plaintiff severe ...

Excerpt: ...n formerly known as Liebert Corporation (“Vertiv”). Specifically, Twitter seeks to have the Court quash a subpoena issued by the Arbitrator at Vertiv's request, vacate two orders of the Arbitrator, enter a protective order limiting further discovery and issuing sanctions against Vertiv. The underlying arbitration relates to a construction project owned by SVO. Vertiv was the general contractor. Vertiv was terminated and filed the claim in arb...

Excerpt: ...ind her grabbed her jacket and caused her to fall. She alleges that she suffered severe emotional distress and loss of income as a result of her injuries. On March 16, 2021, this Court granted Defendant's unopposed motion to compel Plaintiff's responses to requests for productions (sets three and four). (ROA 91) Plaintiff was to serve the responses no later than April 6, 2021. On June 17, 2021, After Plaintiff failed to serve the Court ordered re...

Excerpt: ...s that a motion for summary judgment be granted “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled judgment as a matter of law.” First, the Court must identify the issues framed by the pleadings, since the court's sole function on a motion for summary judgment is to determine from the submitted evidence whether there is a “triable issue as to any material fact.” (...

Excerpt: ...021, 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 Plaintiff Ivan Kilgore within 48 hours. The litigation coordinator is directed to have Plaintiff Ivan Kilgore available at oral argument on November 17, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4...

Excerpt: ...ous provisions of the County Code. Plaintiff alleges a cause of action for violation of State building and residential codes and County codes and a cause of action for public nuisance. Plaintiff seeks injunctive relief requiring Defendants to obtain the requisite permits or alternatively to remove the structure. This Court has previously overruled a very similar demurrer by Defendants in a related case concerning an ADU on different real property...

Excerpt: ...e Statement ("Note") with LOANME, INC on February 22, 2016 for the issuance of a loan. (Complaint, ¶ 18.) By the terms of the Note, LOANME, INC loaned to Defendant a certain sum of money and Defendant promised to pay the sums loaned with interest, fees, and charges. (Ibid.) Defendant defaulted by failing to pay the minimum monthly payments. (Id., ¶19.) Plaintiff is a debt buyer that acquired sole ownership of the debt owed by Defendant to LOANM...

Excerpt: ... to Code of Civil Procedure section 425.16 is GRANTED as follows. Factual Background On July 2, 2021, Sourdough LLC filed a Complaint against Sourdough Inc. and other defendants. (ROA 1.) That Complaint alleges that Sourdough Inc. established a franchise relationship with Sourdough LLC, thereby entitling Sourdough LLC to the protections of California's franchise statutes. (Complaint, ¶ 13.) The Complaint alleges causes of action against Sourdoug...

Excerpt: ... GRANTED IN PART and DENIED IN PART as follows. Moving counsel's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Background The Department instituted this action by filing its complaint against Defendants for civ...

Excerpt: ...ra Naidu, Ram Naidu, and Anita Tausere (Decedent's wife and three children; collectively, "Plaintiffs") First Amended Complaint (“FAC”), Plaintiffs allege Decedent, a 71‐year‐old man, was admitted to UC Davis Medical Center on August 19, 2014 for a scheduled kidney transplant surgery on August 20, 2014. (FAC, ¶ 9.) The surgery went forward on August 20, 2014, and Decedent was moved to recovery. (Id., ¶ 14.) Plaintiffs allege that on Aug...

Excerpt: ...sel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Background This is a wage and hour action brought by Plaintiff Jose Nunez (“Plaintiff”) on behalf of a group of similarly situated current and former employees against Defendants California Sunrooms & Patio Covers, Inc., dba California Sunrooms (“Sunrooms”), and its managing agent Abe Avi (“Defendants”). According to Plaintiff's Comp...

Excerpt: ...nmental Products, Inc. and owners, directors, officers, or managing agents thereof William Delaney, Michael Delaney, and James Delaney (“Defendants”). According to Plaintiff's Complaint, he was required to travel to different client locations in company vans while also being required to maintain substantial inventory, parts, and tools in the vans to complete their work. (Complaint, ¶ 19.) Defendants failed to pay for all hours worked during ...

Excerpt: ...1.06(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Defendants' request for judicial notice of records from the Secretary of State's website, Business Search ‐ Entity Detail of Gio Fitness from February 23, 2021, and May 6, 2021, is unopposed an...

Excerpt: ...material fact and that the moving party is entitled judgment as a matter of law.” First, the Court must identify the issues framed by the pleadings, since the court's sole function on a motion for summary judgment is to determine from the submitted evidence whether there is a “triable issue as to any material fact.” (Id.) To be “material” for purposes of a summary judgment proceeding, a fact must relate to some claim or defense at issue...

Excerpt: ...ruary 22, 2021. (ROA 16.) The cases were consolidated on October 1, 2021. (ROA 15.) The People then filed the instant motion on October 13, 2021. (ROA 21.) In order to have standing to contest a forfeiture action, a claimant must claim to own the article or merchandise or claim to have a legally cognizable interest therein. ( United States v. 1982 Sanger 24' Spectra Boat (9th Cir. 1984) 738 F.3d 1043, 1046; United States v. One 1945 C‐54 (DC‐...

Excerpt: ...73 (b). According to the Register of Actions, Plaintiff is self‐represented. No substitution of attorney has been filed since Plaintiff became self‐represented on June 29, 2021 when his former attorney McKinney filed a substitution of attorney. On March 16, 2021, the parties to this action took part in a court‐ supervised settlement conference wherein the parties entered a written agreement to settle the entire case, with prejudice, for the...

Excerpt: ...tor shall provide the tentative ruling to Plaintiff Ivan Kilgore within 48 hours. The litigation coordinator is directed to have Plaintiff Ivan Kilgore available at oral argument on November 17, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID 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 for oral argument on November 3, 2021. Appearan...

Excerpt: ...ons of plaintiff and her mother) Overruled as to Ex. C (except of medical record provided by defendant to plaintiff) Sustained as to No. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, and 16 on the basis of lack of foundation and improper medical opinion from a lay person. Request for Continuance Plaintiff's Request for a Continuance pursuant to CCP 437c(h) is denied. Plaintiff requests a continuance in the penultimate paragraph of the points and au...

Excerpt: ...& Professions Code by ( I ) failing to provide off‐duty rest breaks or pay rest period premium compensation in violation of Labor Code § 226.7; (2) failing to pay meal period premium at the regular rate of pay in violation of Labor Code §§ 226.7 and 512; (3) failing to pay all earned wages in violation of Labor Code §§ 201‐204, 510, 558, 1174, 1194, 1198, and 1199; (4) failing to provide accurate itemized wage statements in violation of ...

Excerpt: ...ross‐defendants' Request for Judicial Notice is granted. This case stems from a motor vehicle accident that occurred on or about March 29, 2017. Plaintiff was a passenger on Defendant Sacramento Regional Transit District's ("SAC RT") bus near Arden Way and Highway 99 in Sacramento. Cross‐Defendant, Raphael Opon was traveling behind the SAC RT bus in a 1998 Honda Accord. The SAC RT bus stopped in front of Opon's vehicle, causing him to collide...

Excerpt: ...tor shall provide the tentative ruling to Plaintiff Ivan Kilgore within 48 hours. The litigation coordinator is directed to have Plaintiff Ivan Kilgore available at oral argument on November 17, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID 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 for oral argument on November 3, 2021. Appearan...

Excerpt: ...School and take the head coaching position at Defendants Capital Christian. FAC ¶ 12. During Plaintiffs time at Del Oro, Plaintiff won a state championship, was a state championship finalist three times, won three Northern California Regional Championships, six CIF SJS Section Championships, made fourteen playoff appearances, and won seven SFL Titles. FAC ¶ 13. Plaintiff alleges that In order to induce Plaintiff to leave Del Oro High School, De...

Excerpt: ...death, related to the care of decedent Gerard Follettie. The Decedent was a resident at Crocus Holding, LLC dba Roseville Care Center (“RCC”). Plaintiffs have alleged that RCC was owned and operated by various “corporate overseers” including, Plum Healthcare Group, LLC; Bay Bridge Capital Partners, LLC; New Sisu Holdco, LLC, Flower Farm Roup, LLC; OPCO Holdings, LLC; California OPCO, LLC; Jack Sanofsky; Ranjit Singh; GI Partners Holdings ...

Excerpt: ...Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied upon by a court or party in any other action.” (CRC Rule 8.1115.) BANA initiated this action by filing a form complaint for common counts alleging that Defendant/Cross‐complainant Thomas Witte (“Witte”) owed a balance of $2,821.17 on a credit card. Witte filed a cross‐complaint alleging causes of action for ...

Excerpt: ...April 6, 2018. Plaintiff alleges that she received written warranties and express and implied warranties from Defendant in connection with purchase of the Vehicle. (Comp. ¶ 7.) Plaintiff alleges that she delivered the Vehicle on at least ten occasions to an authorized service and repair facility for defects in the Vehicle, including defects related to the “infotainment master controller,” the smart keys, battery failure, and more. (Id. ¶¶ ...

Excerpt: ...laintiff Anna Sandoval‐Ryan alleges causes of action for NIED and wrongful death on her own behalf. Other heirs of the Decedent have also joined the action as plaintiffs. The action arises out of the care the Decedent received at Sacramento Post‐Acute. At issue on this motion are certain document requests attached to a deposition notice to Defendant's PMQ. Defendant is correct that the motion is somewhat confusing because while the Notice of ...

Excerpt: ...ter. 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. Ms. Palmieri alleges that she associated with Defendants in June 2016 and recommended that Ms. Gilliland follow her. She alleges that Defendants agreed to a division of fees pursuant to which Ms. Palmieri would be paid a minimum of 20%. She alleges that she ul...

Excerpt: ...021. (ROA 62). In this action Plaintiff alleges claims against Defendant Sage Pools, Inc. (“Sage Pools”) for breach of contract, breach of express warranty, breach of the covenant of good faith and fair dealing, fraud and negligence in connection with the installation of a swimming pool. Sage Pools initially answered the complaint and filed a crosscomplaint. However, the answer and cross‐complaint were stricken after Plaintiff made a motion...

Excerpt: ...ers. *** Plaintiff Nafisa Naenkhail's (“Plaintiff”) motion to compel defendant General Motors LLC (“Defendant” or “GM”) to provide verified, further responses to Requests for Production of Documents (“RFPs”) Nos. 1, 3, 9, 13‐16, 31‐33, 37‐78, 90 and 91 is ruled upon as follows. This is a lemon law action arising from Plaintiffs purchase of a used 2015 Cadillac Escalade, VIN 1GYS4NKJ7FR695107 (hereinafter referred to as the "...

Excerpt: ...e's construction of the Central Valley segment of the High‐Speed Rail System (the "Project"). Defendant Tutor Perini Zachry Parsons (“TPZP”) was hired by the State to construct a portion of the Project on Plaintiff's land. The State obtained an access easement across Plaintiff's land for purposes of constructing the Project. Plaintiff alleges that TPZP, at the direction of the State, installed infrastructure in the easement in excess of the...

Excerpt: ...complaint on March 3, 2019. According to the moving papers, in October of 2019, Plaintiff propounded on Defendant form interrogatories ‐‐ general, set one; request for admissions, set one; and request for production of documents, set one. (P&As at 1‐2.) Fifteen months later, present counsel filed its substitution of attorney on January 11, 2021. On August 31, 2021, plaintiff's counsel served a meet‐and‐confer letter on Defendant. Until ...

Excerpt: ...e is denied as moot and without prejudice. In her verified First Amended Complaint (Register of Actions (“ROA”) 21), Plaintiff asserts causes of action for sexual battery, negligence, intentional infliction of emotional distress, and gender violence and alleges that Defendants caused or contributed to her childhood sexual abuse. Defendants filed a verified Answer on 7/9/21. (ROA 33.) Plaintiff demurs to that Answer on grounds that the Answer ...

Excerpt: ...cquainted with it. (See e.g., P&As at 9‐11; Opp'n at 5‐7.) It is undisputed that CalPERS (“PERS”) is not a party to this action, and that claims between Plaintiff and PERS have been adjudicated in another action. In July of 2014, the Court sustained an earlier version of the complaint, with leave to amend, finding that plaintiff had not exhausted his administrative remedies with CalPERS. (Register of Actions (“ROA”) 38.) The Court ini...

Excerpt: ...intiffs filed the underlying Complaint against Defendant on March 18, 2019. (Register of Actions 1.) According to the Complaint, on March 17, 2010, Plaintiffs purchased a Kia Sorento (“Subject Vehicle”), which was manufactured and or distributed by Defendant. (Complaint, ¶ 7.) Plaintiffs allege the Subject Vehicle contained or developed various defects during the warranty period, Defendant and its representatives have been unable to service ...

Excerpt: ...Kendra Littleton, CNA; (2) Wilma Canaveral, CNA; (3) David Martinez, CNA; (4) Clarice Padmore, CNA; (5) Leilani Tresca, CNA; (6) Sanprit Kaur, CNA; (7) Keshni Chand, CNA; (8) Kamlesh Kumar, CNA; (9) Shawnda West, CNA; (10) Rhodora Danho, CNA; (11) Jason Dacuag, CNA; (12) Leslie Mico, LN; (13) Adrienne Williams, LN; (14) Harpreet Gill, LN; (15) Gary Tagufa, LN; (16) Christie Mae Fajardo, LN; (17) Yetti Bedane, LN; and (18) Gurprett Kaur Dehal, LN....

Excerpt: ...otes that Defendants filed one motion seeking relief for both Defendants and not predicated on identical arguments. The Court admonishes that Defendants should have filed separate motions and, in the future, may decline to consider a motion filed on behalf of multiple defendants. Moving counsel's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact P...

Excerpt: ...ts or accepting a particular interpretation of its meaning.” ) 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) 1...

Excerpt: ... ("C. MacPhail"), and Dorothy MacPhail ("D. MacPhail") (collectively "the MacPhails") surreptitiously took partnership profits for their own personal gain without benefit to the partnerships. (See generally, Declaration of Dorothy C. Yamamoto in support of Plaintiffs' Motion to Compel Further Responses to Request for Production of Documents, Set Two, ["Yamamoto Decl."], 112, Ex. 1, p.5 ("TAVC").) Plaintiffs move to compel further responses to for...