Excerpt: ... on September 21, 2021. Opposition was due by September 24, 2021. Defendant did not file its opposition until September 27, 2021. Nevertheless, the Court considered the opposition. This action involves multiple accidents that occurred on September 26, 2016, on the Yolo Causeway and three actions that have been consolidated. Defendant the Estate of David Miranda's motion for summary judgment is set for October 6, 2021. Plaintiff seeks to continue ...

Excerpt: ...o pay overtime, failed to provide meal periods, failed to provide rest periods, failed to provide accurate wage statements, failed to timely pay final wages, engaged in unfair competition, failed to reimburse expenses, violated the PAGA, failed to pay prevailing wages, and failed to pay reporting time. Plaintiffs have also alleged Defendants are liable for a civil penalties under the PAGA based on these violations. Defendants have denied all of P...

Excerpt: ... paid, laid out, and expended to or for Defendant at Defendant's special instance and request. Plaintiff's request for judicial notice is granted. The request for judicial notice shows that Plaintiff's request for admissions to Defendant were deemed admitted on February 28, 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 cau...

Excerpt: ...nsider these motions separately. Defendants' 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 (judicial notice of findings of fact does not mean that those findings of fact are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 (...

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 and others on July 15, 2020 (ROA 1.) ...

Excerpt: ...o move for an order that the parties are bound by the expert disclosures they have served. The motion is DENIED as follows. Trial was originally set in this case for April 14, 2020 and was continued to April 19, 2021. (Finelli Decl., ¶ 2.) At that point, the discovery cutoff date was March 22, 2021. On March 1, 2021, Defendants disclosed experts Andre Jardini, Gerald Murphy, and Patrick DeLangis. (Ibid., Exh. 1.) Two days later, on March 3, 2021...

Excerpt: ...ounsel 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 Arletha Mae Johnson (“Mrs. Johnson”), by and through her attorney‐in‐fact David Johnson, Jr., commenced an action in this Court by filing a c...

Excerpt: ...ainst after an investigator hired to investigate allegations of sex harassment found that he had committed sexual battery. The investigator, Ms.Lindgren, was an independent contractor hired to do the investigation District fired plaintiff over the findings of the investigation. Plaintiff alleges other facts concerning national origin harassment by a coworker but the motion does not address the claims arising from the harassment by the co‐worker...

Excerpt: ...ourt has jurisdiction to rule on the motion given the dismissal without prejudice. Defendant Sebright filed their supplemental brief and plaintiff's brief was due September 17, 2021. This motion was continued for several months to July 27, 2021 pursuant to CCP 437c (h). The court then continued the matter to August 31, 2021 for an update on the status of this case since no opposition to the motion was filed for the July 27 hearing date. Plaintiff...

Excerpt: ...fety Code section 11570. The case arose out of conditions at premises located at 1319 30th Street, Sacramento, California, then known as the "Econo Lodge." LEG Investments is the owner of the property that it leased to tenant 2002 Investors to operate the hotel business. The City's Complaint sought a permanent injunction against defendants to enjoin illegal drug activities and prostitution under the Uniform Controlled Substances Abatement Act, He...

Excerpt: ...ction 226.7 (unpaid rest premiums); (4) violation of Labor Code sections 1194 and 1197 (unpaid minimum wages); (5) violation of Labor Code sections 201 and 202 (final wages not timely paid); (6) violation of Labor Code section 226(a) (non‐compliant wage statements); (7) violation of Labor Code sections 2800 and 2802 (unreimbursed business expenses); and (8) violation of Business and Professions Code sections 17200, et seq. (Unfair Competition L...

Excerpt: ...to Plaintiff Monrell D. Murphy within 48 hours. The litigation coordinator is directed to have Plaintiff Monrell D. Murphy available at oral argument on September 23, 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 September 22, 2021. Appearance is required. The demurr...

Excerpt: ...lando Blackwell within 48 hours. The litigation coordinator is directed to have Plaintiff Orlando Blackwell available at oral argument on September 22, 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 September 22, 2021. Appearance is required. Defendants California Sta...

Excerpt: ...ms within 48 hours. The litigation coordinator is directed to have Plaintiff Tio Dinero Sessoms available at oral argument on September 22, 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 September 22, 2021. Appearance is required. Defendant Kenneth Rosenfeld's (“Ros...

Excerpt: ...all or any party of any pleading not drawn or filed in conformity with the law. (See Code Civ. Pro. § 436 (a)‐(c).) A motion to strike challenges portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐83; see also Code of Civ. Proc. § 437.) More specifically, a motion to strike should be granted to remove "any irrelevant, false, or improper...

Excerpt: ...he course and scope of his employment with Defendant Reliance Intermodal, Inc. at the time of the incident. In his response to Defendants' form interrogatory 6.2 which asked Plaintiff to identify any injuries attributed to the incident, Plaintiff indicated that he suffered injuries to his mid and lower back “with radicular symptoms in his left buttock and left leg; decreased lumbar range of motion in all directions, associated with paid; decrea...

Excerpt: ...rtified documents from the Secretary of State reflecting the reinstatement no later than September 15, 2021. Plaintiff failed to file the documents. As the Court stated on the August 19, 2021, Plaintiff's suspension prevents it from prosecuting or otherwise participating in the instant lawsuit. (ROA 24) In reality, the motion to strike is therefore unopposed. Though, as seen below, even if the Court considered the opposition, it provides no basis...

Excerpt: ...Code and more. Plaintiff was formerly employed by AAA NCNU as a Sales and Service Associate and Trent was her former manager. In connection with her employment, Plaintiff signed an Arbitration Agreement in June 2011. (Radu Decl. ¶ 12, Exh. C) The Arbitration Agreement states that: “…Employee and NCNU agree that any and all disputes, claims, or causes of action, in law or equity, arising from or relating to Employee's employment… shall be r...

Excerpt: ... Standard The Court must grant a motion for summary judgment or summary adjudication if all the papers submitted show that there is no triable issues as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. § 437c(c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35.) Section 437c(c) imposes an affirmative duty on a court to grant a summary judgment motion in an appropriate case. (Preach v. Moister...

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: ... state facts sufficient to constitute a cause of action. (See Code Civ. Proc. § 430.10(e).) Myers LLC'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 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Cons...

Excerpt: ...ssional 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.) Defendant specifically demurs to Plaintiff's second cause of action for intentional infliction of emotional distress (“IIED”) on grounds that it fails to state facts sufficient to state a cause of action. (See Code Civ. Proc...

Excerpt: ...ard's Demurrer to the First Amended Complaint filed by the plaintiff, Mitchell Development Enterprises, Inc. is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. On March 18, 2021 the Court sustained the demurrer to the 1st Amended Complaint, with leave to amend. Second Amended Complaint A 14‐count felony complaint was filed in 2013 against two of the plaintiffs corporate officers, alleging ...

Excerpt: ...nator is directed to have Plaintiff Monrell D. Murphy available at oral argument on September 23, 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 September 22, 2021. Appearance is required. The demurrer of the California Department of Corrections ("CDCR") to the First ...

Excerpt: ... 1138.) 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 request for pre...

Excerpt: ...authorities. In addition, Defendants' opposition to both applications is contained in a single memorandum. Therefore the Court addresses both in a single ruling. This action began when Plaintiff filed his complaint against Defendants alleging a plethora of causes of action ranging from fraud, violations of the Corporations Code, breach of fiduciary duty, breach of contract, accounting and more. The action arises from Plaintiff's $500,000 investme...

Excerpt: ...t oral argument on September 22, 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 September 22, 2021. Appearance is required. Defendant Kenneth Rosenfeld's (“Rosenfeld”) demurrer to self‐represented Plaintiff Tio Dinero Sessoms' second amended complaint (“SAC”...

Excerpt: ...ruction site. Plaintiff alleges a cause of action for negligence against ACP and its 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 a subpoena ...

Excerpt: ... bad faith) in connection with his claim for insurance benefits with respect to an insurance policy for his 2002 Fleetwood Truck Camper (“Camper”). Plaintiff alleges that the Camper sustained water damage from a leak in the roof and that Defendant breached the terms of his insurance policy when it denied his claim. He also alleges that Defendant acted in bad faith by unreasonably withholding payments under the policy. Defendant moves for summ...

Excerpt: ... contract” with FCA US LLC regarding a 2015 Chrysler 200 on February 14, 2015. (Comp. ¶ 15.) Plaintiff alleges that “[d]efects and nonconformities to warranty manifested themselves within the applicable warranty period, including but not limited to engine, transmission, and electrical.” (Id. ¶ 16.) Plaintiff alleges she delivered the vehicle to an authorized FCA US LLC repair facility for repair of the nonconformities but FCA US LLC was n...

Excerpt: ...therwise it was to expire on December 31, 2016. Plaintiff alleges that after Defendant terminated the Agreement in October 2016 for convenience that Defendant wrongfully retained possession of certain equipment. In the First Amended Complaint (“FAC”), Plaintiff alleges causes of action against Defendant for conversion, breach of contract and others. Defendant purports to move for summary adjudication as to what it contends are “separate and...

Excerpt: ...erk entered the dismissal that same day. (Register of Actions ("ROA") 199.) On July 15, 2021, Defendants filed a Memorandum of Costs seeking total costs of $2,892.25. On August 2, 2021, Intervenors filed a Motion to Tax Costs. Legal Standard Prevailing parties are “entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc. § 1032(b).) The term “‘Prevailing party' includes the party with a net monetary r...

Excerpt: ...s granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. Trial is currently set to commence on September 21, 2021. The Court notes that a further discussion of the case can be found in the ruling on Defendant's Motion for Judgment on the Pleadings, also on today's calendar. In this action, Plaintiffs Baystone and Metro Health Systems' (“Metro") original Complaint al...

Excerpt: ...�Plaintiffs”) is ruled on as follows. Plaintiffs oppose the motion. This is an insurance bad faith action. Plaintiffs were allegedly shareholders, officers and/or directors of a suspended California corporation called Sacramento A‐1 Door. Defendants were Plaintiffs' insurance brokers. Plaintiffs' First Amended Complaint ("FAC") alleges damages resulting from the absence of insurance coverage available to defend and indemnify them from the cla...

Excerpt: ...ate status with the Secretary of State is "FTB Suspended" for its failure to pay taxes, and that given this suspended status, Defendant may not oppose the instant motion or defend itself in this action during the suspension. (Declaration of Attorney Daniel K. Ohl ("OhI Decl.") ¶¶ 4‐6, RJN, 112, Ex. L.) While Defendant filed papers in opposition to the instant motion, the Court did not find it necessary to consider the substance of those paper...

Excerpt: ...based on the new hearing date. No supplemental opposition was filed. The Court therefore analyzes the motion based on the original papers filed in connection with the May 13, 2021 hearing date. Plaintiffs Char Feagins, et al. filed the instant wrongful death and survival action alleging a single cause of action for negligence/wrongful death against Defendant. They allege that J.C. Feagins, IV (the “Decedent”) was in custody at the Sacramento ...

Excerpt: ...GRANTED. Defendants Churchwell White, LLP, Barbara A. Brenner, and Robin R. Baral (“Defendants”) oppose the motion. Request for Judicial Notice Defendants' Request for Judicial Notice (“RJN”), which attaches the pleading in this action, is unopposed and is GRANTED. Background This malicious prosecution action arises from an underlying action that was dismissed as to Plaintiffs by way of their anti‐SLAPP motion, such that this is a SLAPP...

Excerpt: ...ersion, and trespass to chattels. Plaintiffs allege that Defendant agreed to sell a 55% interest in Metro and its permitted cannabis retail store in exchange for $800,000. Plaintiffs allege that the parties also entered a Continuity Agreement and that Baystone would receive an equal number of seats on Metro's board. Plaintiffs allege that Defendant has failed to comply with the parties' “partnership” and has been attempting to exclude Bayston...

Excerpt: ...aud, negligent misrepresentation, and unlawful business practices. Plaintiffs allege that Defendants created and deployed a fake air monitoring device affixed with a label that said “SMAQMD Air Monitoring Station,” and included the name and contact information for SCS Engineering employee Paul Schafer. Plaintiffs allege that the fake device and label were meant to deceive Plaintiffs, their employees, and their vendors by creating the false ap...

Excerpt: ... 368, n. 7. Plaintiff, a retired doctor who taught English as a second language, alleges she was injured on January 6, 2020 when an extremely loud horn blast from a gold‐line SacRT light‐rail train caused abrupt loss of hearing in her right ear when she was exiting near 24 Hour Fitness at 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 hor...

Excerpt: ...r past business income, future lost income, or economic damages related to alleged delay in completing the construction of the building at 9250 Big Hom Boulevard. In response to the Request for Admissions, Plaintiffs Mahmoud Khattab and Mahmoud Khattab, MD, Inc. admitted that they were not making damages claims for past income, future income, or economic damages related to delay in construction. However, Big Horn denied the Requests for Admission...

Excerpt: ...concerning the motion to amend the complaint are granted. Plaintiff in his opposition requests leave to amend if the Court is inclined to grant the motion. That request is denied as the proposed amendment does not raise a triable issue of material fact. Plaintiff's evidentiary objections are overruled and in any event the evidence objected to was not necessary to the Court's ruling. This action involves a dispute over a 1991 Buy‐Sell agreement ...

Excerpt: ...its employee forklift operator, negligently operated a forklift, causing a forklift load of stone slabs to fall onto Plaintiff while his truck was being loaded. Requests Nos. 11 and 12 seek policies and procedures to be followed by Defendant's employees when loading or unloading trailers on Defendant's property (No. 11) and when operating equipment, including fork‐lifts while on Defendant's property. (No. 12) Requests Nos. 16‐21 seek document...

Excerpt: ...iled their cross‐ complaint against TKE alleging causes of action for equitable and express indemnity. Cross‐complaints now seek leave to file a first amended crosscomplaint to add causes of action for breach of contract and a prayer for attorneys' fees based on a claimed failure by TKE to defend and indemnify them pursuant to a hold harmless provision in a Building Services Contract. Cross‐Complainants bring the motion pursuant to CCP § 4...

Excerpt: ...he opposition provides no basis to deny the instant motion. In this real property dispute, Plaintiffs seek to have judgment entered pursuant to CCP § 664.6.in accordance with the parties' settlement agreement reached after mediation and approved by all parties and their respective counsel. Plaintiffs initially filed the instant lawsuit in February 2021 in connection with their purchase of a home from Defendants, whom Plaintiffs contend are exper...

Excerpt: ...delivery van crashed into their vehicle. Soon Express is a Delivery Service Partner (“DSP”) of Amazon providing transportation and delivery of Amazon packages. Plaintiffs allege that Amazon is vicariously liable for their injuries. Specifically Plaintiffs claims that Soon Express was acting as Amazon's agent acting within the scope of its authority at the time of the accident and/or was Amazon's employee. At issue on this motion is a single r...

Excerpt: ...d 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 knowledge of his unfitness as an employee. The third cause of action for negligence is the only cause of action asserted against CDI. In...

Excerpt: ...ing procedure and the manner to request a hearing. If moving counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. In this elder abuse action, Defendant moves to file the following records under seal in support of its upcoming motion for summary judgment, or in the alternative, for summary adjudication: 1) Portions of the declaration of Bruce Helberg (Helberg) filed i...

Excerpt: ...ael, Inc., McGregor Home Garfield, Inc., McGregor Home Rancho, Inc., and McGregor Home Mt. Vernon, Inc. on October 30, 2018. (ROA 1.) The complaint alleged 11 causes of action, including wage and hour violations and fraud. (Ibid.) Helen Yee was added as a defendant on November 5, 2018. (ROA 9.) Defendants Yee and So filed answers on December 14 and 28, 2018, respectively. (ROA, 11, 24.) Plaintiffs requested entry of default with respect to the De...

Excerpt: ...uest) to Defendant on March 24, 2021. (Mov. Mot. P&A, p. 3.) On April 27, 2021, Plaintiff's counsel was emailed a proposed Stipulation and Protective Order concerning the handling of documents designated as confidential materials responsive to the Request. (Ibid.) Defendant served a response to the Request on April 28, 2021. (Ibid.) Plaintiff argues that response failed to comply with Code of Civil Procedure § 2031.280 (§ 2031.280) and the Stip...