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: ...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‐...