Excerpt: ...ley (“Smedley”) did not file any opposition. Plaintiff filed its Complaint on June 30, 2021, alleging causes of action for “Interference with Access to Healthcare [Civil Code 3427, et seq.]; Request for Civil Damages and Provisional Remedies.” In the instant motion, Plaintiff argues that Brennan, an elderly patient, and her patient advocate Smedley, have been preventing Brennan's discharge from MHF and her acceptance of a suitable placeme...

Excerpt: ...Client Fee Arbitration (Rejection of Award). According to the Complaint, Plaintiff signed a fee agreement with Defendant Desmond, Nolan, Livaich, & Cunningham (Desmond) on or about October 30, 2015, for Desmond's representation of Plaintiff and Defendant Jarvis Properties, a limited partnership of which Plaintiff is a general partner, in three eminent domain lawsuits that had been filed and pending in Monterey County. (Compl., ¶ 7.) The fee agre...

Excerpt: ...1.06. Moving counsel is directed to contact Plaintiffs' counsel and advise counsel 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Ford's request for judicial notice of a prior ruling from this Court on March 24, 2021, in Dickerson v. Ford Motor...

Excerpt: ... on as follows. Defendant's request for judicial notice is granted. The Court does not grant Plaintiffs' late requests for judicial notice. Plaintiffs filed their complaint on October 5, 2020, alleging causes of action for (1) violation of the California Voting Rights Act, and (2) violation of 52 U.S.C. § 10301(b) and constitutional provisions. Defendant's motion is made on the grounds there is no effective relief for the Court to grant because ...

Excerpt: ...ender and race and in retaliation for making a complaint of discrimination/harassment against her supervisor, James Leigh‐Kendall (“LeighKendall”). The Second Amended Complaint (“SAC”) alleges causes of action for: (1) Retaliation; (2) Gender Discrimination (Cal. Gov. Code § 12940 et seq.); (3) Sexual Harassment/Discrimination (Cal. Gov. Code § 12940 et seq.); (4) Race Discrimination (Cal. Gov. Code § 12940 et seq.); (5) Race Harassm...

Excerpt: ... dispute over a warranty claim allegedly covering the individual's malfunctioning air conditioning system during extreme summer temperatures in Sacramento. Plaintiff alleges he made 92 telephone calls to Defendant, “lasting 810 minutes in duration, and over the 44 days from July 16, 2020, through August 28, 2020,” wherein “Defendants repeatedly promised and represented to Plaintiff the replacement and repairs would occur in an expedited man...

Excerpt: ...cal Services of Florida, LLC (collectively “Defendants”) oppose the motion. This action arises out of the care and treatment plaintiff Helen Williams ("Ms. Williams") received while she was a resident of Manor Care of Citrus Heights CA, LLC ("MCCH" or the “facility”), a skilled nursing facility in Citrus Heights, California, from January 26, 2018, to February 22, 2018. Plaintiffs filed their original Complaint on June 4, 2019. The origina...

Excerpt: ... an action against Wells Fargo in connection with payments on her mortgage. Previously, the Court sustained Defendants' demurrer to the original pleading, with leave to amend, both on grounds of uncertainty and on grounds that it failed to state facts sufficient to constitute a cause of action because all of Plaintiff's claims were grounded in professional negligence and were thus barred by the one‐year statute of limitations set forth in Code ...

Excerpt: ...ntact Defendants (or their counsel, if they are represented) forthwith and advise 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 Defendants prior to hearing, moving counsel is ordered to appear at the hearing. This is an action for breach of a Loan & Security Agreement (“LSA”) and Personal Guaranty signed by Lakhwinder Virk, both dated 10/17/2018. Plain...

Excerpt: ...led on as follows. Defendants' and Plaintiffs' requests for judicial notice are granted. Plaintiffs filed their form complaint on May 29, 2019, alleging a cause of action for motor vehicle‐personal injury and general negligence. (ROA 1.) Defendants move for summary judgment on the grounds that California law mandates claims for personal injuries arising out of alleged professional negligence of a health care provider, such as the claim(s) made ...

Excerpt: ...ht , resulting in a collision with plaintiff in the intersection as he was turning left. Plaintiff alleges causes of action for motor vehicle negligence, general negligence, intentional tort (civil battery), and gross negligence. Defendant files this motion for judgment on the pleadings as to the intentional tort cause of action for civil battery and the prayer for punitive damages. The court construes the motion for judgment on the pleadings as ...

Excerpt: ...o taught English as a second language, alleges she was injured on January 6, 2020 when an extremely loud horn blast from a gold‐line light‐rail train caused abrupt loss of hearing in her right ear when she was exiting 24 Hour Fitness 7th Street. She alleges she has lost her hearing and was required to undergo a hip replacement when she fell after the horn blast. She contends that the horn blast was unnecessary because there was no emergency, ...

Excerpt: ...o prepare an opposition. Plaintiffs allege that they were induced into purchasing a coin laundromat in a crimeridden area in Sacramento, based on misrepresentations from Defendant PWS and their agents. By way of their complaint, the Yuans seek, among other things, rescission of the purchase and sale contract. PWS' affiliate DPLA owned the premises on which the laundry is located and was Plaintiffs' landlord for the past three years. Plaintiffs re...

Excerpt: ... motion for "limited" discovery is granted, plaintiff may file an Amended and/or Supplemental Opposition to Special Motion to Strike, not to exceed 10 pages, at least nine court days prior to the rescheduled hearing. (See ROA 27) On or around April 1, 2021, Plaintiff filed a Complaint for Damages and Injunctive Relief ("Complaint") against Defendant Sai Vang ("Defendant"). (Declaration of Liah M. Bumley ("Bumley Decl."), ¶ 4, Exhb. A ("Complaint...

Excerpt: ... has been dismissed, although the document has not been scanned and the data entry on the dismissal was not until July 13 2021. The moving papers contend that this Declaratory Relief Action seeks a determination that Aspire does not owe coverage for the third party property damage because the vehicle was stolen. However, the Complaint does not allege that Aspire does not owe coverage under the policy's liability section for the third‐party vehi...

Excerpt: ... Funding as a second position lien on the Property. (Request for Judicial Notice #1). (See Compaint ¶ 12) The deed of trust was recorded with the Sacramento County Recorder on November 1, 2019. A foreclosure sale was held and the trustee issued a trustee's deed upon sale (TDUS") for the Property transferring title to Aquino Trust #2919 R.Chavez Trustee. (RJN #2). The foreclosure sale was held on December 10, 2020 (Compl. ¶ 25). Aquino Trust the...

Excerpt: ...otion for summary judgment, the Court engages in a multi‐step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Next, the Court must determine whether the moving party has met its burden. A defendant moving for summary judgment bears the burden of persuasion that one or more ele...

Excerpt: ... Inc. (“Defendant”) committed wage and hour violations, constituting: (1) violation of Cal. Labor Code §§ 226.2, 510, 1194, and 1197; (2) violation of Cal. Labor Code §§ 226.2, 226.7, and 512; (3) violation of Cal. Labor Code §§ 226.2 and 226.7; (4) violation of Cal. Labor Code §§ 226(a) and 226.2; (5) violation of Cal. Labor Code § 2802; and (6) violation of Cal. Bus. & Prof. Code § 17200, et seq. (See generally Compl.) Plaintiff a...

Excerpt: ...y situated individuals who were employed at Defendants' Almond Heights Senior Living and Memory Care Community anytime during the period from June 4, 2018 through December 3, 2020 (Settlement Period). The PAGA claims were premised on Defendants' alleged failure to pay wages, meal and rest break violations, failure to reimburse for uniform costs, failure to pay final wages or waiting time penalties, failure to provide accurate, itemized wage state...

Excerpt: ...out March 25, 2019, which was amended on or about November 14, 2019. (Complaint, ¶ 7.) For purposes of this ruling, the term “Lease” refers to the original lease from March 2019 as amended in November 2019. Plaintiff alleges that, pursuant to the Lease, Cal Fit agreed, among other things, 1) to pay base rent and Common Area Maintenance Expenses (Common Expenses), with both amounts abated before June 1, 2020 and subject to recapture, 2) to pr...

Excerpt: ...ovide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Defendants/Cross‐Complainants' counsel and advise counsel 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 Defendants/Cross‐Complainants' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by tele...

Excerpt: ...iffin, as specified in Plaintiff's notice of taking the deposition of SMUD's person most qualified (PMQ), served on May 2, 2021. SMUD also seeks sanctions in the amount of $3,370. The motion is ruled on as follows. SMUD's request for judicial notice of declarations previously filed in this action is granted. In this employment action, Plaintiff alleges her employer, SMUD, discriminated against her because of her gender and race and in retaliation...

Excerpt: ...h 1, 2020, Plaintiff filed his First Amended Complaint alleging claims for: (1) failure to pay all wages; (2) failure to provide rest periods or compensation in lieu thereof; (3) failure to provide meal periods or compensation in lieu thereof; (4) failure to provide accurate wage statements; (5) failure to pay wages upon separation of employment; (6) unfair business practices; and (7) penalties pursuant to Labor Code § 2699(f). Defendant denies ...

Excerpt: ...ence, Dependent Adult Abuse, false imprisonment, human trafficking, violations of the Unruh and Bane Acts, and conspiracy to commit fraud in connection with allegations that he was improperly committed to various state hospitals (Atascadero and Coalinga State Hospitals). Plaintiff was involuntarily committed as a mentally disordered offender (“MDO”) by the San Luis Obispo County Superior Court on October 15, 2005, after it was found beyond a ...

Excerpt: ...efendant, Consumers Self‐Help Center Erroneously Sued as Sacramento Wellness Center (Consumers), a nonprofit organization that offers clinical, social, and wellness services. (First Amended Complaint (FAC, ¶¶ 6, 23.) Plaintiff alleges that Consumers scheduled Plaintiff to meet Defendant David Elliott (Elliott), an employee of Defendant Sacramento Steps Forward (Steps Forward), to help Plaintiff find housing. (FAC ¶¶ 7, 23.) Defendant Steps ...

Excerpt: ...8 in which Plaintiff alleges that Defendant collided with a vehicle driven by his mother. Plaintiff alleges that he suffered serious injuries as a result. In the FAC, which is on the judicial council form, Plaintiff alleges a cause of action for motor vehicle negligence and general negligence. He also seeks punitive damages. To that end, Plaintiff alleges that Defendant was driving under the influence of alcohol on the day in question. (FAC p. 6 ...

Excerpt: ...on provides that where the party to whom requests for admission are directed fails to serve a timely responses, the requesting party may seek an order that the “genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction…” (CCP § 2033.280(b).) The Court must make the order “unless it finds that the party to whom the requests for admission have been directed ha...

Excerpt: ...n, Plaintiffs allege causes of action for Professional Negligence, Breach of Fiduciary Duty, Constructive Fraud and Breach of Contract. Plaintiffs also seek punitive damages. Plaintiffs allege that non‐moving Defendant Aaron McKinney committed malpractice in connection with his representation of Plaintiff Davila in an appeal from an underlying personal injury action. At trial Plaintiff Davila obtained a judgment in his favor of approximately $5...

Excerpt: ...ry 21, 2020 and January 7, 2021 respectively pursuant to CCP § 473(d) on the basis that the default is void because it was never served with the summons and the second amended complaint. Alternatively, Defendant seeks relief pursuant to CCP § 473.5 on the basis that any service did not result in actual notice in time to defend the action. Here, since service was by a registered process server, Evidence Code § 647 provides a presumption of vali...

Excerpt: ...esult, plaintiff was fired by PG&E after 20 years of employment . Plaintiff's residence faces Watchel Way. Behind his residence, his property extends beyond a private lane named Lois Lane. Each of the neighbors owns a portion of Lois Lane. Defendant owns the portion of Lois Lane that connects to Watchel Way and contains the point of ingress to Lois Lane. It was plaintiff's use of Lois Lane in constructing his pool with the PG&E equipment that gav...

Excerpt: ...06. Moving counsel is directed to contact Plaintiffs' counsel and advise counsel 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Defendant's request for judicial notice of a prior ruling from this Court on March 24, 2021, in Dickerson v. Ford Mo...

Excerpt: ...Notice of Motion seeks Summary Judgment, and alternatively summary adjudication of the 7th cause of action for Quiet Title. However, the Separate Statement filed in support of the motion is limited to the 7th cause of action for Quiet Title, the Court construes the motion as limited to Summary Adjudication of the Quiet Title Claim. The Cross‐complaint alleges Vitulano purchased the subject Property in March 2014. Since March 2014, Vitulano live...

Excerpt: ... ("CDCR"), Folsom, and County of Sacramento created a dangerous condition of public property when they closed part of a roadway while a CDCR inmate crew worked on the sides of the road to perform weed abatement. Plaintiff Maria Luisa Hills walked on foot on the roadway, where she was subsequently struck by a car driven by Defendant Carolyn Vodoklys. Plaintiffs Maria Luisa Hills and her husband Barry Hillls' Third Amended Complaint alleges against...

Excerpt: ...litation (CDCR) and Kathleen Allison in her official capacity as Secretary of the CDCR from enforcing operational regulations that CDCR recently adopted on an emergency basis which increase certain prison inmates' earning rate of good conduct credit (the Regulations). As the Court explains below, the motion is denied. Amicus are 12 crime victims' rights organizations and the California District Attorney Association that have applied for leave to ...

Excerpt: ...0,326.00. The motion is denied as set forth below. The motion is not opposed. Wilmington moves to terminate Majidi's action as a sanction upon the ground that Majidi's entire First Amended Complaint (“FAC”) is frivolous and brought in bad faith because it is without any legal merit or factual and evidentiary support, and therefore it is maintained by Majidi for an improper purpose. Wilmington argues in general that Majidi commenced this actio...

Excerpt: ...atterson, LLP's motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. Defendants' request for judicial notice is granted to the limited extent that the Court will take judicial notice that during the business week ending Friday, February 2, 2018, the Dow Jones and the S&P 500 each decline approximately 4% and that the decline accelerated on Monday, February 5, 2018. Plaintiff does not oppose the reque...

Excerpt: ...otice is granted to the limited extent that the Court will take judicial notice that during the business week ending Friday, February 2, 2018, the Dow Jones and the S&P 500 each decline approximately 4% and that the decline accelerated on Monday, February 5, 2018. Plaintiff does not oppose the request as limited. It does, however, oppose the request to the extent that it is construed as asking to accept the contents of two online articles are tru...

Excerpt: ...noticed for May 21, 2021 which was the date agreed to by the parties. However, when Defendant indicated that he desired for the deposition to proceed by video due to COVID‐19 concerns, Plaintiff would not agree. Defendant's counsel then issued a notice of deposition for Defendant which set the deposition for May 20, 2021. Plaintiff's counsel informed Defendant's counsel that he was not available that day and that Plaintiff had priority to depos...

Excerpt: ...ons of Cross‐Complainants Joseph Perez and Business Alliance Insurance Company's cross‐complaint pursuant to CCP § 418.10 on the basis that Mr. Gordillo was never personally served with the summons and cross‐complaint. The proof of service purports to show that Mr. Gordillo was personally served in his individual capacity and also as agent for service of process for Emerald Patch on March 7, 2021 at 11735 Kouros Way (the “Property”) in...

Excerpt: ...ion as an authorized representative of the Labor and Workforce Development Agency (LWDA) and similarly situated individuals who were employed by Defendants JS Folsom Automotive, Inc., Clifton Smith and Denise Dewy in California as non‐exempt employees from June 17, 2019 to June 15, 2021. The PAGA claims were premised on the alleged failure to pay overtime, failure to pay minimum wages, failure to provide meal and rest periods, failure to provid...

Excerpt: ...al financial information. Defendants conditionally lodged unredacted versions of the documents on April 15, 2021. Defendants filed redacted versions of these documents the same day (ROAs 43, 44, and 46.) While Defendants lodged numerous documents conditionally under seal, the Tribe only moves to seal Exhibits G, R and T of Defendants' motion for summary judgment. According to the Tribe, these documents contain confidential financial information a...

Excerpt: ...on 7/7/21, two discovery motions on calendar on 7/14/21, two discovery‐related motions to seal on 8/26/21, and the three motions recently heard on 4/13/21, the Court on its own motion is appointing a discovery referee pursuant to Code of Civil Procedure § 639(a)(5) to hear all discovery motions in this case. As early as August of 2020, Court urged the parties to stipulate to a discovery referee in this case: The Court notes that in addition to...

Excerpt: ... the Motion for Attorneys Fees that had been rejected from filing on May 18, 2021. The Court has now received the motion for attorneys fees. 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 cases cited therein); Class Plaintiffs v. City of Seattle (...

Excerpt: ...Sharma by the duly appointed representative of the estates, Donald Singh ("plaintiffs") is a good faith settlement within the meaning of California Code of Civil Procedure section 877. On May 18, 2021, Judge Allen Sumner approved the compromise of claim of minor plaintiff Joselyn Sharma. (See ROA 18) On the evening of March 26,2019, Rosalyn and Shalvinesh Sharma, husband and wife, were involved in a motor vehicle accident while occupying a Ford F...

Excerpt: ...on. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐ 18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such ...

Excerpt: ...otion, p. 2:10‐13; MPA, p. 2:13‐17, p. 9:23‐26.) In his memorandum of points and authorities, Collins also raises two additional objections: (1) that the complaint served upon him with summons was not complete because it did not contain exhibits referenced in that pleading; and (2) that he is not an agent for service of process upon himself. (MPA, p. 3:17‐27.) Plaintiff opposes the motion. Plaintiff's request for judicial notice is grante...

Excerpt: ...is denied as set forth below. TMS opposes the motion. TMS' request for judicial notice is granted as to the Formal Opinion No. 513 issued by the Los Angeles County Bar Association on July 18, 2005. Given the many individuals and firms involved, the Court will use summary references without titles in an effort to add clarity and economy and means no disrespect by this shorthand practice. The material operative facts do not appear to be in genuine ...

Excerpt: ...372 is likewise denied. Plaintiff's motion is made upon the grounds that (1) Defendant improperly asserted boilerplate objections without justification, and (2) Defendant refuses to provide Codecompliant supplemental responses. This action arises out of the alleged negligent mishandling of Plaintiffs' son's corpse. Plaintiffs' son, Brandon Michael Benecke ("Decedent"), was a 30‐year‐old man who was pronounced dead on or about May 22, 2019 whi...

Excerpt: ...) strike the Defendants' Answers, (2) preclude Defendants from introducing any testimony or opinions from June Paltzer, Ph.D, at trial, (3) require a jury instruction to the effect that Defendants intentionally concealed the first three pages of Defendants' defense counsel's work product report (Skillman report), and the jury can conclude that the omitted pages were unfavorable to Defendants. In the alternative, Plaintiff moves pursuant to Code o...

Excerpt: ...r deducting the time for breaks and scheduling discussion, Dr. Koett's counsel estimates the deposition yielded a total deposition time of one hour and 14 minutes. (Id.) Plaintiff's deposition was again noticed for July 31, 2019. (Id. ¶ 5, Exh. C.) Plaintiff did not appear for the deposition. Through meet and confer discussions with her husband, he claimed that the notice was inadvertently overlooked and the deposition was missed. (Id.) Dr. Koet...

Excerpt: ...l Procedure section 1286.2(a)(5) states: “Subject to Section 1286.4, the court shall vacate the award if the court determines any of the following: (5) The rights of the party were substantially prejudiced by the refusal of the arbitrations to postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrators to hear evidence material to the controversy or by other conduct of the arbitrators contrary to the pro...

Excerpt: ... 2019, when he was four years old, he was sexually assaulted by CDI employee, Christian Turks, in the bathroom of Raymond Case Child Development Center (“Case”), a state funded preschool, where Plaintiff was attending preschool. Plaintiff alleges that CDI controlled and operated the pre‐school program and that CDI negligently hired/retained Mr. Turks, despite a prior record of similar conduct at his place of prior employment and CDI's knowl...

Excerpt: ...ly situated individuals who were employed and classified by Defendant Edward R. Marszal Enterprises, Inc. as non‐exempt in California during the time period of June 21, 2018 to the date the settlement is approved. The PAGA claims were premised on the alleged failure to pay minimum wages, failure to provide meal and rest periods, failure to reimburse necessary business expenses, failure to provide suitable seating, failure to provide accurate wa...

Excerpt: ...he State'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 o...

Excerpt: ...ing was set when the Court granted Defendant's ex parte application for an order shortening time to hear the instant motion. (Register of Actions (“ROA”) 686.) Following the February 4, 2021 hearing on Plaintiff's Motion for Summary Adjudication (hereinafter "Plaintiff's Motion"), this Court took the matter under submission, ordered supplemental briefing on certain limited issues, and thereafter affirmed the tentative ruling on April 15, 2021...

Excerpt: ...ent, breach of a verbal lease, breach of fiduciary duty, accounting, conversion, and more. Theis cross‐complained against Batchelor and his counsel alleging numerous causes of action premised on allegations that Batchelor mismanaged the LLC. Theis alleged causes of action against Gentry and Hughey Phillips for breach of fiduciary duty, legal malpractice and fraud. Theis alleged that Gentry and Hughey mishandled the winding up of Tillman LLC, im...

Excerpt: ...al lease, breach of fiduciary duty, accounting, conversion, and more. Theis cross‐complained against Batchelor and his counsel alleging numerous causes of action premised on allegations that Batchelor mismanaged the LLC. Batchelor & Co., LLC is also named in the cross‐complaint. Theis alleged causes of action against Gentry and Hughey Phillips for breach of fiduciary duty, legal malpractice and fraud. Theis alleged that Gentry and Hughey mish...

Excerpt: ...aving reviewed the Court's tentative ruling, which highlighted evidentiary gaps in Plaintiff's moving papers, Plaintiff at oral argument asked to file late evidence in the form of declarations, and the Court agreed to during oral argument and set a briefing schedule with both sides' input. The Court has now considered the late‐filed evidence and Defendant's objections thereto. Plaintiffs' newly‐proffered declarations do not materially change ...

Excerpt: ...e "with prejudice" rather than "without prejudice" and also seeks an award of attorneys fees pursuant to Civil Code 1717 in the amount of $18,630. On January 15, 2021 Plaintiff filed a Dismissal of Kaye Newton "without prejudice," after the Court had sustained her demurrer with leave to amend. On January 5, 2021, this Court sustained the Demurrer to Plaintiff KHM Holdings, LLC's Second Amended Complaint filed by Kaye Newton and John Cox in its en...

Excerpt: ... that Defendant systematically: (1) failed to provide accurate itemized wage statements; (2) failed to pay minimum wage for all hours worked; (3) failed to provide meal and rest periods; (4) failed to pay all wages at time of separation from employment; (5) failed to pay overtime wages; (6) failed to reimburse for business expenses; (7) engaged in unfair business practices; and (8) violated civil penalty provisions recoverable as PAGA penalties p...

Excerpt: ...ervices on behalf of Plan Sponsors and/or Plan Administrators' Plans. In its SAC, Plaintiff alleges that "in or around 2016, Defendants CCHI LLC and CCHI, FIELDS and Rich and Rich Services designed, advertised, marketed and sold an insurance product called "Simple Funded . . . . " (SAC, ¶21.) Plaintiff further alleges that Defendant Rogers also "helped design and implement the "Simple Funded" program along with CCHI and BRMS." (SAC, ¶24). Defen...

Excerpt: ...ement 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 cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276; Van Bro...

Excerpt: ...ts' request for judicial notice is granted. The Court notes that the demurrer to the First Amended Complaint was filed February 23, 2021. However, the First Amended Complaint was not filed until March 4, 2021. The parties do not raise this anomaly as an obstacle to the Court's consideration of the demurrer, and both treat the moving and opposing papers as directed at the FAC filed after the demurrer and motion to strike. The FAC sets forth four c...

Excerpt: ...inal tentative ruling granting the motion. The Court's file reflects that the “sur‐reply” was filed at 4:17 p.m. on May 12, 2021. The Court continued the matter to today's date and permitted the parties to file additional briefing. The Court has considered the opposition filed by Defendant's employer, co‐defendant California Rural Indian Health Board, Inc., in addition to Plaintiff's response to Defendant's “sur‐reply.” Having consi...

Excerpt: ...forth below. Defendants' concurrent motion for monetary sanctions is granted in the amount of $1,776, pursuant to Code of Civil Procedure sections 2023.010(d), 2023.030(a), and 2025.450(g)(1). Plaintiff opposes the motion. Plaintiff Leslie Hagan commenced this action on May 5, 2017, alleging injuries arising from a motor vehicle accident that occurred on May 12, 2015. Defendants represent that on November 4, 2019, the parties stipulated to and ag...

Excerpt: ...2021. Defendant indicates that it has filed a concurrent request for judicial notice of the Exhibits attached to its Opposition, but the Court has not located such a request. The Court has reviewed the recorded documents that are the apparent intended subject of the request for judicial notice and finds that it could grant notice of the documents to the extent provided by case law. (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal. 4th 919, fn...

Excerpt: ...ivil Procedure sections 583.130, 583.410, and 538.420, and California Rules of Court, Rule 3.1342. The motions are denied as forth below. Plaintiff opposes the motion. The operative facts on the motion are well‐stated in Guckenheimer's initial points and authorities, and are substantially reproduced next. On May 2, 2018, ISS terminated Tyler's employment for insubordination. (ROA 1 and 269, Compl. 16, ROA 269.) On January 2, 2019, Plaintiff Cur...

Excerpt: ...owne alleges that dismissal of this action is required because Plaintiff has failed to bring the matter to trial within the mandatory five‐year period prescribed by Code of Civil Procedure section 583.310. This lawsuit was initiated on September 4, 2015. On November 9, 2015, Plaintiffs filed the first amended complaint, which added Plaintiff and her home to the list of allegedly defective homes that form the basis for this action. On July 7, 20...

Excerpt: ...because Plaintiff unduly delayed in adding BAE SDSR as a Doe Defendant, pursuant to Code of Civil Procedure section 474 and A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058. The motion is ruled on as follows. Plaintiff's first amended complaint (“FAC”) alleges causes of action for: (1) disability discrimination, (2) disability harassment, (3) unlawful retaliation in violation of the Fair Employment and Housing Act (“FEHA”), (4) f...

Excerpt: ...une 16, 2021. The Clerk shall fax a copy of this tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to plaintiffs Konanyah Yahlazar and Dion Anderson. The litigation coordinator is directed to have Plaintiffs Konanyah Yahlazar and Dion Anderson available at oral argument on June 16, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by p...

Excerpt: ...that Plaintiff's request for admissions to Defendant were deemed admitted on March 18, 2020. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: “the complaint states facts sufficient to constitute a cause of action or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. § 438(c)(1)(A).) The gr...

Excerpt: ...ourt acknowledges the "supplemental brief" filed by Plaintiff on June 9, 2021. (ROA 64.) The filing was untimely and will not be considered by the Court on that basis. Further, even if the Court were to consider the filing, Plaintiff failed to provide a declaration or request for judicial notice, etc., authenticating the purported evidence attached. Plaintiff voluntarily dismissed his lawsuit on April 1, 2021, before the hearing on the anti‐SLA...

Excerpt: ...t fee levied upon building permit applicants to assist in covering costs for new and existing water supply infrastructure. Plaintiff alleges that the Zone 40 Fee is invalid under the California Constitution and the Mitigation Fee Act (Govt. Code §§ 66000, et seq.) because it is not limited to the reasonable cost of the service for which the fee is being imposed. Plaintiff alleges that Defendant has failed to prepare the necessary analysis and h...

Excerpt: ...by Plaintiff California State Association of Counties Excess Insurance Authority, a California Joint Powers of Authorities (“Plaintiff”). Defendant/Cross‐Complainant Hartin & Hume, Inc. (hereinafter "Hartin") was the general contractor hired by Plaintiff to perform tenant improvements at the Subject Property. Sure‐Clean was hired by Hartin to apply Protectosil Aqua‐Trete to the exterior brick veneer of the Subject Property. (Declaration...

Excerpt: ... breach of contract, breach of fiduciary duty, fraud, misrepresentation, and other similar claims, and seeks damages for the alleged worker's compensation insurance overcharges, attorneys' fees, and expenses. The settlement class encompasses all current and former clients of FPI for whom FPI secured worker's compensation insurance in connection with managing Class Members' properties. The Settlement Agreement (“Settlement”) is attached as Exh...

Excerpt: ...tained as the result of a slip and fall while he was incarcerated at the Rio Consumnes Correctional Center on October 27, 2015. (Declaration of Jonathan B. Paul (“Paul Decl.”) ¶ 4.) The First Amended Complaint was filed on November 9, 2016. (Id.) It alleges that Defendant Deputy Florence Martin is liable for Negligence, Premises Liability, and Intentional Tort following Plaintiff's slip and fall within a bathroom. On November 9, 2016, a summ...

Excerpt: ...Judicial Notice (“RJN”), which attaches copies of court filings in this action, is unopposed and is granted. This lawsuit arises from a dispute related to Plaintiff Phoenix Enterprises, Inc.'s attempt to purchase membership interests of Defendant. Defendant Guardian Investment Capital, LLC (“Guardian”) and H16 Apartment Investors, LLC each own a 50% interest in Defendant. H16 Grupe Investors, LLC (“Grupe”) and H16 Local Investors, LLC...

Excerpt: ...ensated for her injuries due to the car accident, after having made an underinsured claim to her alleged insurer, Defendant CSAA. (See generally, Complaint.) In particular, the Complaint alleges that: On July 7, 2017, Plaintiff was injured in a traffic collision caused by another driver. As she was exiting Highway 50, approaching the intersection in her 2008 Honda Civic, intending to make a right‐hand turn onto Watt Avenue, the driver behind he...

Excerpt: ... California 95610 (“Subject Property”). Ms. Bissett inherited the Subject Property from her parents. (RJN, Exh. 1.) The Subject Property was encumbered by a First Deed of Trust in favor of Flagstar Bank, which was later assigned to Quicken Loans (“Loan”). (RJN, Exhs. 2, 3.) Ms. Bissett defaulted on the Loan and a Notice of Default was recorded against the Subject Property on March 20, 2019. (RJN, Exh. 4.) A notice of trustee's sale was re...

Excerpt: ...cates Series 2005. The motion is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for...

Excerpt: ... motion to compel further responses to requests for production Nos. 1, 6, 8‐10, 11‐33, 41, 44, 54, 58, 59, 76 and 80. The requests related to Defendant's investigation and analysis regarding the subject defects and Defendant's warranty and repurchase policies. Defendant moves for reconsideration of the Court's Order as it relates to requests nos. 13‐24, 26‐33, and 59. It argues that since the Order, it has now conducted a preliminary sear...

Excerpt: ...e Court's tentative ruling system as required by Local Rule 1.06(D). Counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). This is a wage and hour action filed by Plaintiff, alleging causes of action for (1) unfair competition in violation of Busines...

Excerpt: ...Code section 51.5 on grounds that both fail to state facts sufficient to constitute a cause of action. Defendants requests for judicial notice are granted. Plaintiff's FAC alleges that Defendant discriminated against him on the basis of his sex when Plaintiff viewed a BananaRepublic.com website email promotion in or around May 2020 advertising different percentage discounts for women's and men's styles available to be claimed by costumers. (See F...

Excerpt: ...Jr., in a JAMs arbitration. The arbitration was conducted by a three arbitrator panel (Honorable Ignazio Ruvolo (ret.), the Honorable Joseph Biafore (ret.) and the Honorable Richard Silver (ret.)). In the Final Award, the Panel rejected all of Plaintiff's claims against Defendant and awarded Defendant $1,202,453.14 in reasonable attorneys' fees and costs. By way of background, Plaintiff commenced an action in this Court by filing a complaint agai...

Excerpt: ...n June 26, 2019 stipulation for settlement reached at the mandatory settlement conference conducted by Judge Davidian on June 25, 2019. Pursuant to that agreement, Defendants were to make certain payments to Plaintiffs, including a $5,000 payment when Plaintiffs vacated the Property. Title to the Property was to remain in Defendants' names. Defendants were to “refinance the existing mortgage or sell [sic] payoff all current liens in the name of...

Excerpt: ...orders from other Superior Courts in California 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. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff filed this lemon law a...

Excerpt: ...rruled. Objections 2, 3, 4, 5, medical records: Overruled. Plaintiffs First Amended Complaint alleges a single causes of action for medical malpractice against defendants for "failure to examine, failure to diagnose" plaintiff's subdural epidural abscess, "failure to treat, negligent discharge, negligent referral, failure to obtain informed consent for non‐treatment, and failure to stabilize before discharge." Plaintiff alleges she suffered per...

Excerpt: ...s he was dismissed as a third‐year medical student at the University of California, Davis School of Medicine (UCDSOM) after a third unsuccessful attempt to pass the United States Medical Licensing Examination (USMLE) Step 1 examination, a requisite to progressing through the program. He alleges UCDSOM had a policy or practice, or both, of granting students a fourth attempt at their USMLE Step 1 or Step 2 Exams that was not made explicit to stud...

Excerpt: ...de sections 1152 and 1154 is sustained for purposes of the demurrer based upon Plaintiffs' apparent evidentiary purpose for its submission. Plaintiffs commenced this action against City on September 14, 2020, alleging four causes of action related to the Plaintiff's real property: (1) inverse condemnation; (2) trespass; (3) negligence; and (4) breach of contract. The Plaintiffs allegations are summarized as follows. Plaintiffs own real property s...

Excerpt: ...nd 4 (“RPD”), is granted in part as set forth below. Landlord's concurrent motion for monetary sanctions in the amount of $1,356.00 pursuant to Code of Civil Procedure section 2031.300(c) is denied as set forth below. Landlord's motion states that it is made in part pursuant to Section 2031.300 which states the procedure applicable when a party fails to timely respond to a request for inspection. However, Landlord's motion is not made upon th...

Excerpt: ...truction Innovations Group, LLC, Rex Moore Group, Inc., Rex Signature Services, LLC, and Rex Moore Electrical Contractors & Engineering Inc.'s (collectively, “Defendants”), to pay for all hours worked, including, but not limited to, pre‐ and post‐shift work, mandated duties, and assignments; failure to provide meal and rest periods or premium wages in lieu thereof; failure to reimburse for necessary business expenses; failure to provide a...

Excerpt: ...levant part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived b...

Excerpt: ...oticed motion and set the matter for today's calendar. The Court considered DPR's "sur‐reply" filed on May 6, 2021. While there is no provision in the Code of Civil Procedure permitting such a filing, the Court considered the document to address any argument by DPR that it was deprived of due process to the extent that SVO's reply brief raised new arguments and cited new authority. SVO seeks an order compelling DPR Construction's (“DPR”) cu...

Excerpt: ...use of action is denied. Plaintiffs Evidentiary Objections to the Declaration of Nunley are sustained as to Nos. 1 and 2, and overruled as to Nos. 3 and 4. The Court will sign the formal order on the objections after the final ruling on the motion. Defendant's Request for Judicial Notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. ...

Excerpt: ... of action for breach of contract and for common counts. The action arises from allegations that Defendant failed to make the required payments pursuant to a motor vehicle lease agreement. Plaintiff alleges that the subject lease was assigned to it and that it is the owner of the leased vehicle. Defendant demurs to all of the causes of action. At the outset, the Court rejects Plaintiff's argument that the demurrer should not be considered as it i...

Excerpt: ... dementia. They allege Jo Anne Scoggins was assaulted and battered by Defendant Lindie Thomas in the kitchen of Silver Pines, causing her to fall to the ground, fracturing her hip. Lindie Thomas is alleged to have told an employee of Defendants that Debbie Loesch told her that "slides" do not have to be reported. Lindie Thomas instructed the employee to characterize the incident as a "slide" rather than a fall, and to not report the fall. The fal...

Excerpt: ...on to compel arbitration; finding that the RISC contained an arbitration provision requiring arbitration of any claim or dispute related to the vehicle and/or the RISC. (Order of 9/26/19, Register of Actions (“ROA”) 13.) That Order further provided, in pertinent part: The motion to compel is granted. (See, e.g. Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899.) The dispute between Petitioners and Pars Auto Wholesale, Inc. or Westlak...

Excerpt: ... Documents, and to have Requests for Admission (“RFAs”) deemed admitted. Defendant also seeks monetary sanctions in the amount of $2,100.00. The motion is ruled on as follows. Defendant served the subject discovery on February 16, 2021. The responses were due on March 22, 2021, and Defendant granted Plaintiff's counsel's request for a tenday extension to provide responses. Thereafter, however, no responses were forthcoming. This motion follow...

Excerpt: ...ependent Elder Abuse and fraud. In the instant motion, Defendants demur to the Third Cause of Action for Fraud. Plaintiffs allege that Jason Hopkins (the "Decedent") was taken to the emergency room at Rideout Hospital on July 18, 2018. Plaintiffs are the Decedent's heirs. Plaintiff Heaven Hopkins is the Decedent's daughter. Plaintiffs Samantha Miller and Faith Turner are also the Decedent's daughters. Given their age, guardians as litem have been...

Excerpt: ...TAINED, with leave to amend. Plaintiff is an insurance salesman who allegedly worked for Defendants. He alleges that Defendants failed to properly compensate him. (See generally, FAC.) The FAC asserts causes of action for: (1) breach of contract, (2) defamation, (3) Intentional Infliction of Emotional Distress, (4) Tortious Interference with Business Relationship; Intentional Interference with Prospective Economic Relations, (5) Negligent Interfe...