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

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

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

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

Excerpt: ...tor shall provide the tentative ruling to Plaintiff Ivan Kilgore within 48 hours. The litigation coordinator is directed to have Plaintiff Ivan Kilgore available at oral argument on November 17, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on November 3, 2021. Appearan...

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

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

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

Excerpt: ...tor shall provide the tentative ruling to Plaintiff Ivan Kilgore within 48 hours. The litigation coordinator is directed to have Plaintiff Ivan Kilgore available at oral argument on November 17, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on November 3, 2021. Appearan...

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

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

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

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

Excerpt: ...ter. She alleges that she had a contingency fee agreement allowing for a percentage of the gross recovery and also provided her a charging lien for any sums owing for unpaid fees and costs. Ms. Palmieri alleges that she associated with Defendants in June 2016 and recommended that Ms. Gilliland follow her. She alleges that Defendants agreed to a division of fees pursuant to which Ms. Palmieri would be paid a minimum of 20%. She alleges that she ul...

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

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

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

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

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

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

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

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

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

Excerpt: ...ts or accepting a particular interpretation of its meaning.” ) While courts take judicial notice of public records, they do not take notice of the truth of matters stated therein. (citation omitted) ‘When judicial notice is taken of a document, … the truthfulness and proper interpretation of the document are disputable.' (StorMedia Inc. v Superior Court (1999) 20 Cal.4th 448, 457, fn 9.” Herrera v Deutsche Bank National Trust Co. (2011) 1...

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