Excerpt: ...file and serve on or before October 14, 2021, evidence to support their contention that the debt of $133,800,00 was discharged in the bankruptcy and proof of service on the Trustee of notification of this lawsuit, including a copy of this minute order. The Court also permitted defendants to file supplemental briefing on or before October 14, 2021. Each party was allowed to respond to the additional briefing on or before October 21, 2021. Defendan...

Excerpt: ...f action. In this employment action Plaintiff alleges FEHA related causes of action against CSU including for discrimination and harassment based on disability, retaliation, and failure to engage in the interactive process. She also alleges the Tenth Cause of Action for Intentional Infliction of Emotional Distress (“IIED”) which is the subject of the instant demurrer. Plaintiff began her employment with CSU in 1989 and is currently employed a...

Excerpt: ...inst and harassed based on his national origin. Defendant was an investigator hired by the District to investigate allegations of sexual harassment. The District fired Plaintiff over the findings of the investigation. Plaintiff also alleges causes of action against the District for IIED and Defamation. The IIED and Defamation claim are also alleged against Defendant. Plaintiff also alleges a cause of action for Professional Negligence against Def...

Excerpt: ...eing left in a permanent vegetative state. Kyra was then admitted to Vibra for long‐term care on two separate periods between June 2017 and February 2019. The Ritchies settled their underlying lawsuit with the Sutter Defendants. In that action Vibra sought to assert a lien against the settlement proceeds in the amount of $796,950. The lien could not be adjudicated in that action. The Ritchies brought a declaratory relief action regarding Vibra'...

Excerpt: ...e and two) and requests for admission (sets one‐three). Defendant was ordered to serve responses without objections no later than October 5, 2021. On September 24, 2021, the Court granted Defendant's ex parte application to the extent that Defendant had until October 27, 2021 to serve the responses and indicated that “[t]he question of whether defendant is entitled to retain their objections shall be determined at the hearing on October 27, 2...

Excerpt: .... In any event, neither are relevant to the Court's ruling below. At the outset, Plaintiff's 22 page memorandum violates the page limits set forth in CRC Rule 3.1113(d). Plaintiff did not obtain an order from the Court allowing him to file such an oversized opposition memorandum. Nevertheless, the Court considered the entirety of the memorandum. Plaintiff alleges causes of action against Defendant for: (1) breach of fiduciary duty; (2) negligence...

Excerpt: ...�), is substandard as defined in California Health and Safety Code section 17920.3 and is a public nuisance. (ROA 1.) On July 19, 2021, this Court entered an order finding the Subject Property to be such and appointed Receiver Richardson Griswold (“Receiver”) pursuant to Health and Safety Code section 17980.7. (Id., 46.) The order required the Receiver to “take full control and possession of the Subject Property and to take such actions as ...

Excerpt: ...dent at Defendants Evergreen Innovation Group, LLC and DPR Construction, Inc. (“Evergreen”) on or about August 31, 2020. (Complaint, ¶ 7.) During the interview process for this position, Plaintiff was informed he would be eligible for an end of the year bonus in 2020. (Id., ¶ 8.) In late 2020 or early 2021, Plaintiff spoke with Defendant Brandon Hanlon (“Hanlon”), Evergreen's Electrical Division Manager, regarding Plaintiff not receivin...

Excerpt: ..., Set One is ruled upon as follows. Plaintiff's request for judicial notice is DENIED as the Court finds the document of which Plaintiff seeks judicial notice is irrelevant to resolution of this motion. (Atherton v. California High‐ Speed Rail Authority (2014) 228 Cal.App.4th 314, 341 [finding that the court may decline to take judicial notice of irrelevant matters].) According to Plaintiff, Plaintiff served the following discovery requests on ...

Excerpt: ...cal 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. If moving counsel is unable to contact opposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Plaintiff filed the underlying Complaint against Defendant on December 28, 2020. (Register of Ac...

Excerpt: ...sisting of all current and former hourly‐paid or non‐exempt employees of Defendant within the state of California at any time from September 11, 2016 to the present. Plaintiff also brings a PAGA claim. See Plaintiff's First Amended Complaint, ¶ 13 ("FAC"). In this motion, Plaintiff seeks an order compelling Maxgen Energy Services Corporation ("Defendant") to provide further responses to Special Interrogatories. Plaintiff states that the disc...

Excerpt: ...e scheme to acquire Plaintiff's confidential data and divert Plaintiff's customers and business opportunities to his competing business. Plaintiffs contend defendant concealed evidence of his illegal activities by removing and destroying the hard drive from his company‐owned desktop computer (the "Computer") prior to returning the Computer to Plaintiff with a new hard drive after he resigned. Plaintiff seeks the following discovery from defenda...

Excerpt: ... compel arbitration based on the Respondent's signed contractual agreement to arbitrate any disputes under the insurance policy with an arbitrator affiliated with American Arbitration Association ("AAA"). On June 11, 2021, the Court granted Petitioner's motion and ordered the parties to arbitrate Respondent's claims. Respondent's Notice of Motion seeks an order that Petitioner shall pay Respondent's reasonable attorney's fees and costs related to...

Excerpt: ...oyee engaged in a wrongful act, and DDS is immune from liability because the actions of its employees were statutorily authorized and within their discretion in performing their official duties. Plaintiff's request for judicial notice 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 (j...

Excerpt: ..., Plaintiff alleges a Labor Code section 226(a) claim predicated on Defendants' failure to provide wage statements that identify the inclusive dates of the pay period, i.e. when the pay period began, and a cause of action for violation of PAGA predicated on Defendants' alleged violation of Labor Code section 226(a). The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Ba...

Excerpt: ...ent in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 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 Bronkh...

Excerpt: ...ation coordinator is directed to have Plaintiff James Root available at oral argument on October 20, 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 October 20, 2021. Appearance is required. Defendants California Department of Corrections and Rehabilitation (“CDCR”...

Excerpt: ...Rules of Court, Rule 3.769.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 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 ...

Excerpt: ...to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Ci...

Excerpt: ...im Williams. (FAC ¶ 13.) She also alleges that her step‐father, demurring Defendant John Black was a minister and that her mother, co‐Defendant Kelli Black was a member. Plaintiff alleges that Mr. Black moved in with her mother, Ms. Black when she was 11. (FAC ¶ 15.) Plaintiff alleges that Mr. Black sexually molested her from the time she was eleven in 1994 until the time she was 16. (FAC ¶¶ 15‐29.) She alleges that the abuse occurred i...

Excerpt: ... 48 hours. The litigation coordinator is directed to have Plaintiff Alan Hammler available at oral argument on October 20, 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 October 20, 2021. Appearance is required. Self‐represented Plaintiff Allen Hammler's motion for ...

Excerpt: ...school. 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 knowledge of his unfitness as an employee. Plaintiff seeks a protective order “to prevent counsel for Defendant Continuing Development Inc. (“CDI”), from engaging in abuse of the discovery process by repeatedly making improp...

Excerpt: ...smission and overheating (“Defects”), Plaintiff seeks to compel Defendant to produce a person most knowledgeable (“PMK”) with respect to numerous topics in addition to producing certain documents at the deposition. The subject PMK topics deal with repairs to the subject vehicle, technical service bulletins (“TSB”) related to the subject vehicle, recalls, refusal to repurchase the subject vehicle, warranty policies, repair procedures, ...

Excerpt: ...net Riley, by and through her successor‐ininterest Damon Riley, alleges causes of action for Elder Abuse in connection with her stay at Countryhouse's “Memory Care Unit.” Plaintiff Damon Riley, Ms. Riley's son, alleges causes of action for Negligent Infliction of Emotional Distress and Wrongful Death. Plaintiff alleges that Ms. Riley was admitted to the facility to address her dementia, though she was otherwise healthy at the time. They all...

Excerpt: ...employee Tommy Brower. Plaintiff alleges that Mr. Brower was in the course and scope of his employment with ACP when he was operating a concrete boom pump in close proximity to Plaintiff resulting in injuries to Plaintiff. Plaintiff claims that he has suffered cognitive impairments and behavioral changes due to the injuries. At issue on this motion is Defendant's response to Plaintiff's form interrogatory 2.5 which asks for Defendant's current ad...

Excerpt: ...each of contract and more premised on allegations that Plaintiff failed to pay rent. At issue on the instant motion is Defendant Norman Leal's response to Plaintiff's special interrogatory no. 4 which asked Defendant to identify “which of the CrossComplainants entered into the oral agreement with Jensen as alleged in paragraphs 10 and 11 of the Cross‐Complaint.” Defendant interposed various objections but answered that “Elaine Jones enter...

Excerpt: ...Defendant on grounds he is an individual defendant and cannot be liable for retaliation and moves to strike paragraph 22 of the complaint on grounds it includes allegations barred by the statute of limitations. The motion is ruled on as follows. The parties' requests for judicial notice are granted. Plaintiff is a former employee of Defendant Sacramento County Sheriff's Department who provided some services to Defendant Elk Grove Unified School D...

Excerpt: ...counsel is directed to contact Plaintiff's 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 Plaintiff's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Plaintiffs' request for judicial notice of orders in other cases in federal district court actions and a decision from the Firs...

Excerpt: ...tractual relations on grounds that no evidence shows that any DDS employee engaged in a wrongful act, and DDS is immune from liability because the actions of its employees were statutorily authorized and within their discretion in performing their official duties. Plaintiff's request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Pr...

Excerpt: ...d upon 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. If moving counsel is unable to contact opposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing...

Excerpt: ...final fairness hearing to be held on this date. (Code Civ. Proc., § 382, CRC Rule 3.769.) As required by the applicable Rule of Court, the Court shall conduct a final approval hearing to inquire into the fairness of the proposed settlement. (CRC Rule 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act ...

Excerpt: ... "Plaintiffs"), allege that Defendants 3 Point, Christopher MacPhail ("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. ...

Excerpt: ...PIC's Evidentiary Objections to the Declaration of Ahmad are sustained for the reasons stated in the evidentiary objections. The Court will sign the formal orders on the evidentiary objections after the ruling becomes final. EPIC moves for summary judgment, contending that it has no duty to defend or indemnify the TWT Cross‐Complaint on behalf of EJ Tires and Auto Repair, LLC or Ejaz Ahmad. EJ Tires contends in the opposition that EPIC is reall...

Excerpt: ...egal description of the property. The Court will require a certified deed with the purple stamp to be lodged with the Court if the motion is refiled. Plaintiff /cross‐defendant Nick Evans seeks summary judgment / summary adjudication against defendants and cross‐complainants James W. Evans, Carolyn Evans, and James R. Evans (collectively, "Defendants"). Plaintiff contends there are no disputed issues of material fact such that Nick is entitle...

Excerpt: ...fornia Rule‐ making, Office of Administrative Law ("OAL") File # 2017‐0209‐02SR, March 24, 2017, which enacted the challenged regulations; Exhibit C: California Assembly Floor Analysis of AB 433 as amended on August 13, 2013; Exhibit D: California Senate Floor Analysis of AB 433 as amended on August 13, 2013. Plaintiff challenges regulations enacted by the Office of the State Fire Marshall ("OSFM") pursuant to Section 11350 of the Californi...

Excerpt: ... 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 October 20, 2021. Appearance is required. Defendants California Department of Corrections and Rehabilitation (“CDCR”), et al.'s demurrer to self‐represented Plaintiff James Roots' complaint is sustained with leave to amend. Defendants' request fo...

Excerpt: ...“Slater Fire”) in September 2020 in Siskiyou and Del Norte Counties in California and Josephine County in Oregon. Plaintiffs allege that the Slater Fire was caused by Defendant's electrical equipment within its utility infrastructure which contacted or caused sparks to contact vegetation. (Comp. ¶ 2) Plaintiffs allege that the utility infrastructure was designed to pass electricity through exposed powerlines in vegetated areas, that Defendan...

Excerpt: ..., 2021. (ROA 460) Defendants sought terminating sanctions on the basis that Plaintiff refused to be deposed at her deposition and argued that discovery was closed. The Court rejected Plaintiff's argument that discovery was closed, at least with respect to her deposition as the parties' counsel had agreed to keep discovery open for Plaintiff's deposition. The Court declined to impose terminating sanctions but ordered Plaintiff to appear for her de...

Excerpt: ... 1117, 1138.) th Newberg on Class Actions (4th Ed.), the authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In reviewing a reques...

Excerpt: ...e Property. Plaintiff alleges that a dangerous condition existed at the Property. Defendants move for summary judgment on the basis that Plaintiff cannot demonstrate that they breached any duty or care and also cannot show causation. In evaluating a motion for summary judgment or summary adjudication the Court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the iss...

Excerpt: ...ill 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 October 20, 2021. Appearance is required. Self‐represented Plaintiff Allen Hammler's “ex parte motion for order” is denied. The Court placed this motion on today's calendar on September 2, 2021, to be heard with Plaintiff's other two noticed mo...

Excerpt: ...hearing, via Zoom video or audio, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendant moves to set aside the default pursuant to Code of Civil Procedure section 473(b) on grounds that the court may, upon any terms that may be just, relieve a party from default taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect, and on grounds that it is...

Excerpt: ...gument on October 19, 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 October 19, 2021. Appearance is required. Plaintiff John Doe, a minor, by guardian ad litem Holly Webb, moves for an order compelling the attendance of incarcerated Defendant Andre Ragland at deposi...

Excerpt: ...endar to give counsel the opportunity for further meet and confer attempts. As noted in the Court's prior ruling continuing this matter, the motion had been filed on a two‐ day turnaround and without a full meet‐and‐ confer process. The parties met and conferred again prior to this hearing, however, and their Joint Statement represents that they were unable to resolve even a single aspect of their subpoena‐related disputes. The Court ackn...

Excerpt: ...attorneys' fees of $ $28,817.00, as well as a 1.5 lodestar multiplier (or $14,408.20), plus $5,000 in anticipated fees for likely future work on the Reply and appearing at the hearing, for a total amount of $48,225.50 to be awarded to Plaintiffs. This is a lemon law action alleging causes of action pursuant to the Song‐Beverly Consumer Warranty Act (“the Act”). Defendant General Motors LLC (“Defendant” or “GM”) opposes. According to...

Excerpt: ...ior to that hearing explained that the Court was declining to consider the last four pages of the moving papers because they exceeded the page limit. However, during the hearing, counsel explained that they had numbered the brief's pages so as to include the table of contents, table of authorities, and caption, which do not count toward the 15‐page limit stated in Rule of Court 3.1113. The Court will therefore proceed to analyze the substance o...

Excerpt: ...nt to state any cause of action against Defendants. Defendants' request for judicial notice is granted. The SAC alleges causes of action for (1) negligence, (2) concealment, (3) intentional misrepresentation, (4) total equitable indemnity, (5) implied indemnity, and (6) comparative contribution. The FAC alleged causes of action for (1) negligence, (2) concealment, and (3) fraudulent inducement. Background In August 2012, HBE Corporation (“HBE�...

Excerpt: ...ction in this court in which the defendants seek declaratory relief as to plaintiffs' entitlement to the relief requested herein. See Case No. 34‐2020‐ 00277329. The parties have not filed notices of related case in either case, nor have they sought consolidation. Background Plaintiffs allege they are entitled to be compensated for their services to 3650 REIT in assisting Defendants in their attempts to obtain a large investment from the Cali...

Excerpt: ...etable. At issue on this motion are Plaintiff's responses to Defendant's second set of special interrogatories and second set of request for production. There are approximately 190 interrogatories and 3 related requests for production and involve the sulfite or sulfur dioxide levels (“SO2”) of the allegedly damages wine. Defendant filed a voluminous 474 page separate statement and Plaintiff responded with a 969 page opposition separate statem...

Excerpt: ...Conditions and Restrictions (“CC&Rs”). The WBR consists of 237 homes which Plaintiffs allege is an equestrian community with a riding arena and trials. Plaintiffs allege that they purchased their home in February 2016 and moved in with their two horses. At the time they allege that the riding arena was in useable condition was regularly maintained by WBR. Plaintiffs allege that in October 2019 the Board of WBR stopped maintaining the riding a...