Excerpt: ...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 allege that due to the neglect at the facility, Ms. Riley died in August 2019 as a result of injuries sustained from a fall. Plaintiffs alleg...

Excerpt: ...amended ex parte order indicated that the motion and the order were to be personally served on Defendant by 4 p.m. on March 1, 2021. (ROA 335.) On February 17, 2021, this Court denied Plaintiff's motion to compel responses to the subject special interrogatories finding that Defendant's attorney's letter objecting to the discovery on the basis that the discovery was untimely was a response. The Court also found that the discovery was not untimely....

Excerpt: ...k (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most 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 C...

Excerpt: ...eges causes of action against Defendants and Sierra Hematology‐Oncology Medical Center (“Sierra”) for breach of contract, interference with prospective economic advantage, money had and received, conversion, accounting and declaratory relief. Plaintiff has since dismissed the money had and received and conversion causes of action. The action arises out of a dispute under a Shareholder Agreement pursuant to which Plaintiff was issued shares ...

Excerpt: ...on papers as plaintiff has not been prejudiced by the late service, and the court is also considering the late filed reply papers filed two court days before the hearing. This action arises out of the parties' real estate development business. Plaintiff alleges that he invested money in the LLC that he formed with defendant to develop properties, but that defendant has not properly accounted for the funds, has not developed the property, and has ...

Excerpt: ...ended Complaint, filed August 24, 2020. The omission of these defendants by the Barrows serves as a dismissal without prejudice. An amended complaint may add or omit parties. If it omits a defendant named in the original complaint, it serves as a dismissal without prejudice as to that defendant. Kuperman v Great Republic Life Insurance Co. (1987) 195 Cal.App.3d 943, 947. Defendant seeks judgment on the pleadings, with prejudice, based on the alle...

Excerpt: ...orporation on January 20, 2018. Plaintiffs contend the Subject Vehicle was sold with an implied warranty of merchantability from both GM and Roseville Motor Corporation pursuant to Civil Code § 1792. Plaintiffs allege that during the warranty period, the Subject Vehicle contained or developed non‐ conformities, including but not limited to a defective engine. Plaintiffs contend that the non‐ conformities substantially impair the use, value a...

Excerpt: ...' land. Plaintiffs allege causes of action for invasion of privacy, trespass, fraud, negligent misrepresentation, and unlawful business practices. Plaintiffs allege that Defendants took dishonest steps designed to get Plaintiffs to sell their property for below‐market value and/or to move their business. (First Am. Compl. ¶¶ 13, 63.) In particular, Plaintiffs allege that Defendants created and deployed a fake air monitoring device affixed wit...

Excerpt: ...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 alleges that because blood examiners like her...

Excerpt: ...d Rescue, LLC, dba Inventure X (“InventureX”) and Plaintiff wherein InventureX agreed to conduct a digital marketing campaign for Plaintiff (“the Agreement”). The Agreement provides the digital marketing campaign would be split into three, separate phases: (1) Pre‐Launch Marketing ‐ 60‐day period; (2) Generate Funding and Exposure ‐ 30‐day period; and (3) Post‐Funding Phase ‐ 30‐day period. The form first amended complaint...

Excerpt: ... matter, the Court acknowledges that Plaintiff filed a notice of order granting Plaintiff's appeal to the bankruptcy panel of the Ninth Circuit and staying remand. (See ROA 218.) As such, Plaintiff argues the Court is divested of jurisdiction to hear the instant motion. On reply, Defendant argues that Plaintiff's appeal involves an entirely unrelated bankruptcy matter to the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) and her bankruptcy ...

Excerpt: ...tiff's purchase of real property. On May 13, 2020, Defendants propounded form interrogatories, special interrogatories, requests for admission, and requests for production of documents on Plaintiff. (Jones Decl. ¶ 2, Exhs. 1‐4.) Defense counsel ultimately filed a motion to compel, which the Court heard on November 12, 2020, after Plaintiff's ex parte application to extend time to file an opposition. (Jones Decl. ¶ 8.) The motion to compel was...

Excerpt: ...tion with alleged sexual assault allegations arising at California State Prison, Los Angeles. Defendant alleges (1) it is immune from suit pursuant to Government Code section 844.6; and (2) the alleged violations of California Code of Regulations, title 15, and the Penal Code do not support a private right of action. Background Plaintiff alleges he was assaulted by CDCR employees on November 2, 2019, at California State Prison, Los Angeles County...

Excerpt: ...ons to Defendant Rebecca Borrero were deemed admitted on August 27, 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 or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face...

Excerpt: ...endant John Black was a minister and that her mother, co‐Defendant Kelli Black was a member. Plaintiff alleges that Mr. Black sexually molested her from the time she was eleven in 1994. (Comp. ¶¶ 15‐29.) She alleges that the abuse occurred in her home and also at the Church. Plaintiff alleges that her mother took her to see Dr. Williams for counseling but that Dr. Williams looked “menacingly” at her and told her that “we don't lie on ...

Excerpt: ... to a mandatory contractual forum selection clause designating Massachusetts as the exclusive forum. In the complaint Plaintiff alleges causes of action against moving Defendants and others (Gray Line Corporation, Inc. and Gray Line Las Cabos) for false advertising in violation of Business & Professions Code § 17500 et seq., violation of the Consumer Legal Remedies Act (“CRLA”) and for unfair completion in violation of Business & Professions...

Excerpt: ...iffs Ricardo Gomez and Ricardo Gomez, Sr. as class representatives for purposes of settlement; 3. Preliminarily appointing the Shimoda Law Corp. as Class Counsel for purposes of settlement; 4. Preliminarily approving the proposed class action settlement, in the amount of $1,100,000; 5. Preliminarily approving the application for payment to Class Counsel of attorneys' fees in the amount of $385,000 (35% of the Gross Settlement Amount); 6. Prelimin...

Excerpt: ...ed 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 facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's recordat...

Excerpt: ...Bandley (hereinafter "plaintiff”), to submit her elder abuse claim to binding arbitration. The petition is GRANTED as set forth below. Defendants' petition is made on the grounds that Ms. Souza, through her agent Lorraine Alves, executed a valid residency agreement containing an arbitration agreement that governs the elder abuse claim asserted against Defendants in the operative Complaint. Defendants' objections to the declaration of Ms. Clemen...

Excerpt: ...gal counsel's mistake, inadvertence, and excusable neglect, it failed to timely file its application pursuant to Code of Civil Procedure section 683.120 seeking renewal of its lump sum money judgment against Defendant in this action. Specifically, Plaintiff failed to apply for renewal of the judgment within the 10‐year period provided under Code of Civil Procedure section 683.130(a). Plaintiff's application was rejected for filing by the Clerk ...

Excerpt: ...ion for sanctions in the amount of $1,980 is GRANTED. Kronick and Scheidt move for an order compelling plaintiffs' person‐mostknowledgeable deposition(s) by defendants to resume beginning on March 8, 2021, and to continue day to day thereafter until completed. Defendants' objections to Golden's evidence in opposition are ruled upon as follows: Overruled ‐ Nos. 1, 2, and 3. The action currently has a trial date of April 19, 2021, with a discov...

Excerpt: ...�SAC”) filed October 1, 2019. The SAC is unverified, consists of 118 pages not including exhibits, 514 paragraphs, and six separate causes of action against Fines denoted as: (1) Misappropriation of Trade Secrets, Civ. Code §§3426, et seq.; (2) Breach of The Employee Duty of Loyalty, Labor Code §§ 2863, 2860; (3) Breach of Contract; (4) Intentional Interference with Contractual Relationship; (5) Intentional Interference with Prospective Eco...

Excerpt: ...D as set forth below. Plaintiff's Complaint alleges a claim for forcible detainer against Defendant pursuant to Code of Civil Procedure 1160(1). Plaintiff alleges the following facts: On or about March 13, 2013, Plaintiff granted a life estate to Bjelland, subject to certain requirements, as to certain portions of the real property identified by Assessor's Parcel Numbers 134‐280‐079 and 134‐280‐080, commonly known as 10565 Arno Road, Galt...

Excerpt: ...ourt shall review and approve any settlement of any civil action filed pursuant to this part." (Lab. Code § 2699(l)(2).) Plaintiff and Defendant have reached a mediated settlement of the PAGA claims as specified in the motion and supporting declaration of counsel, and request the court's review and approval. Defendant owns and operates bagel bakeries within the State of California. Plaintiff worked for Defendant as a Customer Service Team Member...

Excerpt: ...ide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiffs immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Plaintiffs appear without following the procedures set forth in Local Rule 1.06(B). This case arises from the medical treatment of sixteen year‐old decedent Alejandro Perez (“Decedent”). Decedent, who...

Excerpt: ...d language above), to participate in oral argument on the continuance date. Defendant California Department of Corrections (“CDCR”) demurs to Plaintiff Monrell D. Murphy's complaint. The demurrer is ruled on as follows. Plaintiff sued CDCR alleging a cause of action for general negligence in connection with alleged sexual assault allegations arising at California State Prison, Los Angeles. Defendant alleges (1) it is immune from suit pursuant...

Excerpt: ...suant to Code of Civil Procedure section 1030. (See ROA 23.) The order on the motion was entered on November 16, 2020 (see ROA 27), and the notice of entry of order was filed on November 20, 2020, showing electronic service on November 9, 2020 (see ROA 28). Plaintiff was ordered to file the undertaking within 30 days of service of the order granting Defendant's motion. Code of Civil Procedure section 1030(d) provides: “The plaintiff shall file ...

Excerpt: ...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). The Court notes that Plaintiff purports to conditionally lodge documents, including even the memorandum of points and authorities, presumably on the basis the documents contain confidential information. However, Plaintiff did not file a motion or application to seal...

Excerpt: ... the property owned by Plaintiffs which is the subject of the instant litigation, located at 8106 Stevenson Avenue, Sacramento, California (“Subject Property”). Defendant asks for sanctions against Plaintiffs and their counsel for their willful prevention of the site inspection being held on January 21, 2021, the date specified in the Demand for Site Inspection. Defendant contends it must obtain access to the property to evaluate the conditio...

Excerpt: ...st 29, 2016, alleging medical malpractice. (See ROA 1.) The proof of service filed by Plaintiff Alan Penan states that Defendant was served with the summons and complaint via personal service on April 19, 2017. (See ROA 108.) The address for service was 6533 Melrose Drive, North Highlands, California 95660. (See id.) Service was effectuated by a registered process server. (See id.) Defendant Molina's default was entered on September 25, 2020. (Se...

Excerpt: ...iation for demanding wages due to wrongful termination, defamation, assault, and battery. Plaintiff alleges that Defendant ISS Facility Services, Inc. (“ISS”) was his employer. Plaintiff also “sues fictitious defendants Does 1 through 50 . . . because their names and/or capacities and/or facts showing them liable are not known presently.” (FAC ¶ 5.) Defendant alleges the Doe Defendants were “the agent and/or employee of every other def...

Excerpt: ...tuated individuals who have or continue to work for Defendant Maita Enterprises, Inc. in California at any time within one year prior to November 19, 2019. The PAGA claims were premised on the alleged failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, failure to keep accurate time records, and failure to reimburse necessary business expenses. The PAGA s...

Excerpt: ...ce at her property located at 3071 E.Curtis Drive in Sacramento (“Property”). It alleges that Defendant unlawfully installed a hot tub in her front yard and constructed a masonry wall without obtaining the necessary permits. Plaintiff alleges four public nuisance causes of action for violation of Civil Code §§ 3479, 3480 and various provision on the Sacramento City Code. Plaintiff now moves for summary judgment on the basis that Defendant f...

Excerpt: ...tment for pneumonia that he received at Sutter Roseville Medical Center in October 2017. He alleges that Defendant's negligence resulted in him suffering a stroke and post‐stroke disabilities. Defendant's separate statement includes the following: Plaintiff presented to the Emergency Department on Marin General Hospital on September 3, 2017. (UMF 1) On October 11, 2017, plaintiff was admitted to St. Helena Hospital Clearlake with a diagnosis of...

Excerpt: ...f good faith and fair dealing (insurance 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 un...

Excerpt: ...lowing 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 ultimately agreed to employment with the United Law Center bas...

Excerpt: ...g to Defendants, because they had filed their answer, Plaintiff no longer was able to file an amended complaint as a matter of right pursuant to CCP § 472. The first amended complaint only added a single cause of action seeking penalties pursuant to Labor Code § 2698 et seq. (Private Attorneys General Act of 2004 [“PAGA”].) PAGA allows aggrieved employees to bring civil actions to recover civil penalties for violations of the Labor Code aft...

Excerpt: ... Management until is dissolved in November 2020. Defendants argue that they were never served with the complaint and did not discover the existence of this action until December 7, 2020 when Defendant Timofey's bank accounts were levied upon. They argue that Plaintiff PNC Equipment Finance served them by way of substitute service at 2721 Grove Avenue in Sacramento despite the fact that Defendant Timofey has not resided at that address since 2014....

Excerpt: ...the care he received at the Woodland Skilled Nursing Facility. The Decedent alleges causes of action for elder abuse and violation of the Patients' Bill of Rights (Health & Safety Code § 1430). Plaintiffs Geraldine Taylor, Diane Hohn and Thomas Taylor assert causes of action for negligent infliction of emotional distress and wrongful death. Defendants seek to compel the dispute to arbitration pursuant to an Arbitration Agreement signed by Diane ...

Excerpt: ...o expunge is made on the ground that Theis's Amended Cross‐Complaint does not contain a cause of action which would, if meritorious, affect Theis's title or possession of specific real property, and that the lis pendens is void because Theis failed to comply with the service requirements. Plaintiffs Batchelor and Edward Tillman, LLC ("Plaintiffs") filed a complaint against Theis and Andreas Rodriguez ("Defendants") in June 2020, alleging nine c...

Excerpt: ...e 3.769 (g).) A presumption of fairness exists where: (1) the settlement is reached through arm's‐length bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions supra, § 11.41, pp. 11‐91.) On December 3, 2020, the court preliminarily approved the set...

Excerpt: ...ained with leave to amend for failure to state facts sufficient to constitute a cause of action. Defendant's Request for Judicial Notice is granted. Plaintiff alleges causes of action for professional negligence, breach of contract, and breach of fiduciary duty arising out of defendant's representation of plaintiff as a courtappointed public defender in the underlying criminal case, Sacramento County Superior Court Case No. 99F09138. Plaintiff al...

Excerpt: ...t request for reasonable expenses including attorney's fees pursuant to Code of Civil Procedure section 1987.2(a) against plaintiff and cross‐defendant George S. Batchelor (“Batchelor”) and his counsel in the amount of $3,060 (or $7,200) is DENIED. Theis' concurrent request for a protective order prohibiting the production of private personal and financial information contained in the subpoenaed records is DENIED. Batchelor's defensive requ...

Excerpt: ...ent requests for sanctions are denied. The statutory bases of Champ's motion are not clear from its moving papers. Champ's motion cites 2030.010, et seq., [i.e. Code of Civil Procedure, part 4, title 4, chap. 13, Art. 1 consisting of sections 2030.010 to 2030.090] and specifically cites Section 2030.090(d). The series of statutes cited by Champ describe only the general rules for propounding written interrogatories. And Section 2030.090(d) provid...

Excerpt: ...the Court shall conduct a final approval hearing to inquire into the fairness of the proposed settlement. (Cal. R. C.t 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 intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newb...

Excerpt: ...Council 16 Internat. Union of Painters & Allied Trades (2015) 234 Cal.App.4th 524, 535.) However, the Court notes that the governmental suggestion form subject to the request states that it was revised “10/2019,” and consists of at least two pages with instructions on the back and attached program rules on another page. Shah alleges he submitted the suggestions at issue in the SAC in 2006 and 2007, and the other referenced pages are not provi...

Excerpt: ...ary adjudication on January 13, 2021. Among the exhibits filed in support of the motion are two documents which Defendant argues are, by their terms and the commitment of the parties, confidential. Defendant moves to file under seal (1) the Flow Subservicing Agreement between Bank of America National Association, Servicer and Bayview Loan Servicing, LLC, Subservicer, dated August 1, 2012 (“the Subservicing Agreement”); and (2) the settlement ...

Excerpt: ...er Code of Civil Procedure section 526a to Prevent Illegal Expenditure of Funds”; third cause of action for “Violations of California Constitution, Article I, Section 7‐EQUAL PROTECTION”; fourth cause of action for “Violation of United States Constitution, Amendment 14‐EQUAL PROTECTION"; and fifth cause of action for “Breach of Statutory/Mandatory Duties” in Plaintiff Susan Lea's first amended complaint (“FAC”). The demurrer i...

Excerpt: ... notice is granted. This litigation arises from a real estate purchase and sale agreement for the purchase of an apartment building in Sacramento. Cross‐Complainant Howe Manor, Inc., as seller, alleges in its cross‐complaint causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) violation of Business & Professions Code § 17200. Cross‐Complainant alleges Cross‐Defendant engaged ...

Excerpt: ...under Business & Professions Code § 17200, et seq. Defendant specifically demurs to the complaint on the following grounds: (1) the first cause of action for legal malpractice fails to state facts sufficient to constitute a cause of action because Plaintiffs have not filed within the statute of limitations; (2) the second cause of action for negligence fails to state facts sufficient to constitute a cause of action because Plaintiffs have not fi...

Excerpt: ...d the complaint on October 13, 2018, alleging causes of action for (1) Uniform Controlled Substances Abatement Act, Health & Safety Code § 11570, et seq.; (2) public nuisance, Civil Code §§ 3479, 3480; (3) social nuisance, Sacramento City Code Chapter § 8.08.080; and (4) unlawful cultivation of cannabis, Sacramento City Code Chapter § 8.132. (ROA 1.) On December 1, 2020, Plaintiffs dismissed the second and third causes of action. (ROA 60.) P...

Excerpt: ...endant was served with the summons and complaint via personal service on April 19, 2017. (See ROA 108.) The address for service was 6533 Melrose Drive, North Highlands, California 95660. (See id.) Service was effectuated by a registered process server. (See id.) Defendant Molina's default was entered on September 25, 2020. (See ROA 133.) In support of the instant motion, Defendant filed a declaration stating he was never served with any document ...

Excerpt: ...icient to support Plaintiff's prayer for punitive damages and/or attorney's fees. Legal Standard A motion to strike challenges portions of a complaint that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐1683; see also Code Civ. Proc. § 437.) The Court does not consider extrinsic evidence in considering the motion. More specifically, a motion to strike should be granted ...

Excerpt: ...nded complaint removing the declaratory relief cause of action. The first amended complaint sets forth a single cause of action for penalties pursuant to PAGA based on numerous alleged Labor Code violations. Defendant moves to compel arbitration pursuant to an arbitration provision contained in the “Twitch Affiliate Agreement” that Plaintiff was required to accept to become a broadcaster or “streamer” on Twitch. The provision provides tha...

Excerpt: ...tal disclosure indicated that “Mr. Kayfetz is an expert in the fields of visibility studies, comparison photogrammetry, and computer virtual reality simulations.” (Krieger Decl. ¶ 2, Exh. A.) According to Lyft, Mr. Kafyfetz has been designated to testify on a subject for which Alford and Dunivin already designated an expert and/or to testify on a subject not raised by any other party which it contends violates CCP § 2034.280. CCP § 2034.26...

Excerpt: ...endent medical examination (“IME”). According to Defendants, they have sought the IMEs for over a year and Plaintiffs have failed to cooperate and between the two of them have failed to show for four properly notices IMEs. “If a defendant who has demanded a physical examination under this article, on receipt of the plaintiff's response to that demand, deems…any refusal to submit to the physical examination is unwarranted, that defendant m...

Excerpt: ... action for premises liability and negligence in connection with injuries he allegedly suffered when he fell inside a Food Source store in Sacramento in May 2017. Plaintiff alleges in his Judicial Council form complaint that he “slipped and fell on a[] liquid substance, believed to have been a raw egg, that presented a dangerous condition.” (Comp. ¶ Prem. L‐1.) He alleges that Defendants “breached their duty to plaintiff by failing to ad...

Excerpt: ...ocess of selling the company's assets. They allege that the relied on Defendants InterWest Insurance Services, LLC, Mike McStocker, and Marie Lavana, their insurance brokers, to obtain ongoing Directors & Officers insurance coverage after the sale of the company's assets. Plaintiffs allege that they believed that they were obtaining six years of “runoff coverage” to cover them for approximately six years of acts they would take in winding dow...

Excerpt: ...lleges a cause of action for whistleblower retaliation under Labor Code § 1102.5. As seen from the parties' requests for judicial notice, Plaintiff previously filed an unfair practice charge with the California Public Relations Board (“PERB”) in July 2019 alleging that he was “retaliated against for engaging in protected activities” in violation of Government Code § 3543 (Educational Employment Relations Act [“EERA”]). (Def. RJN Exh...

Excerpt: ...participate in oral argument on the continuance date. Defendant Kenneth Rosenfeld's Demurrer to the Amended Complaint is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. Defendant's Request for Judicial Notice is granted. Plaintiff alleges causes of action for professional negligence, breach of contract, and breach of fiduciary duty arising out of defendant's representation of plaintiff as a cou...

Excerpt: ...ot represent itself. It must represent through an attorney. Therefore, the motion as to Viva Management Corporation is dropped without prejudice. Caressa Camille, Inc. v Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101;Merco Construction Engineers, Inc. v Municipal Court (1978) 21 Cal.3d 724, 731. On October 14, 2020 plaintiff filed a Complaint alleging causes of action for breach of contract, breach of oral contract, breac...

Excerpt: ...y Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendant Secretary of State of California's (“Defendant”) motion to expunge lis pendens is GRANTED. Defendant moves pursuant to CCP § 405.30 to expunge the Notice of Lis Pendens recorded in the office of the Recorder of Kern County, California, Document Number 220124692 field on or about September 8, 2020 (the “Notice of Lis Pe...

Excerpt: ...1535.) “Courts engage in a two‐step process to resolve anti‐SLAPP motions. ‘First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity. The moving defendant's burden is to demonstrate that the act or acts of which the plaintiff complains were taken “in furtherance of the [defendant]'s right of petition or free speech under the United States or Ca...

Excerpt: ... 5/19/2015 death of Reverend Amaziah Altraide (“Decedent”) whose prostate cancer had been treated with Lupron, Effexor and “radioactive gold seeds.” On 3/21/2016 plaintiff Stella sent a letter to Kaiser Permanente's Legal Department expressing her intent to bring a lawsuit for “medical malpractice” and “lack of informed consent” related to Decedent's medical treatment and death in Nigeria. An initial lawsuit was filed on 5/15/2017...

Excerpt: ...0 Plaintiff served notices of depositions for the Witnesses. (Padova Decl., ¶ 2.) After determining counsel was unavailable on the dates noticed, Defendant served an objection to the depositions, which included an offer to meet and confer. (Id. at ¶¶ 2‐3.) On October 26, 2020, Plaintiff contacted Defendant's counsel via email to request dates of availability for the witnesses (Id. at ¶ 4.) Defendant's counsel responded with an email directi...

Excerpt: ...��) is GRANTED in part and DENIED in part. Factual Background Gio Fitness is a business with its principal place of business in Placer County. Plaintiff Pat Accettura is Gio Fitness' sole member. Vanir Group and Vanir Development are real property developers. Ms. Dominguez is the Chairwoman and Chief Executive Officer of Vanir Group. Gio Fitness and Vanir Group formed a limited liability company Lincoln Gateway Ventures, LLC, (“Lincoln”) that...

Excerpt: ...ation (“CDCR”) alleges she was sexually harassed by Defendant Christopher Lewis (“Defendant Lewis”), another employee of CDCR. (See complaint). Pursuant to Code of Civ. Proc. § 1043, Plaintiff seeks discovery of various peace or custodial officer personnel records. Specifically, Plaintiff seeks to compel responses to Requests for Production (“RFP”), Set One, Nos. 8, 12, 25‐26, 29‐45, and 47; RFP, Set Two, Nos. 55‐66 and 74‐77...

Excerpt: ...te motions but the parties briefed the opposition and reply briefs for both motions together. As such, the Court considers the motions together. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Defendant appears without foll...

Excerpt: ...econd cause of action for violation of Business & Professions Code section 17200, et seq., and against Defendants' Affirmative Defense Nos. 15, 32‐34, and 38. As such, Plaintiffs cite to seven issues for summary adjudication. 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. Plaintiff is directed to contact defense counsel and advise them of Lo...

Excerpt: ...ehalf of a class of similarly situated individuals. Plaintiff's claims are based on defendants Cardinal Health Pharmacy Services, LLC and Cardinal Health, Inc.'s (collectively, “Defendants”) purported failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, and violation of unfair business practices. Plaintiff further alleged Defendants' policies and prac...

Excerpt: ...ligence and therefore fails to state a cause of action under Code of Civil Procedure section 430.10(e). Defendant's request for judicial notice of the complaint is granted. In this landlord‐tenant action, Plaintiffs allege the following causes of action: (1) negligence, (2) breach of the implied warranty of habitability, (3) negligent maintenance of premises, (4) maintenance of a nuisance, (5) unlawful business practices, and (6) wrongful evict...

Excerpt: ...rdered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06 (B). Defendant's request for judicial notice is granted. The Court does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel...

Excerpt: ... v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.) The Court did not consider Plaintiff's declaration submitted with the opposition. The Court cannot consider extrinsic evidence on demurrer. A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) Extrinsic evidence may not properly be considered on demurrer. (Ion Equipment Corp. v. Nelson (19...

Excerpt: ...admissions to Defendant Rafael Quezada were deemed admitted on March 5, 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 or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the ...

Excerpt: ...iagnosed with Chronic Myelogenic Leukemia (“CML”) in 2000. He alleges that the defendants' products caused his disease. Mr. Villanueva's wife, Plaintiff Seanne Villanueva, alleges a cause of action for loss of consortium. Nineteen other Defendants filed joinders seeking to join the instant motion. Those joinders (including the joinders in Defendants' reply papers) are granted except as to Defendant Desoto Sales, Inc. Desoto Sales, Inc.'s join...

Excerpt: ...ning documents, which she understood were subject to the laws of the State of California set forth in the Davis‐Stirling Common Interest Development Act ("Davis‐Stirling") and California's Civil and Corporations Code. Upon receiving the governing documents, Hemer read and reviewed each of them to familiarize herself with her rights and obligations and to gain an understanding of HOA's rights and obligations. Plaintiff contends HOA was require...

Excerpt: ...Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendant Secretary of State of California's (“Defendant”) motion to expunge lis pendens is GRANTED. Defendant moves pursuant to CCP § 405.30 to expunge the Notice of Lis Pendens recorded in the office of the Recorder of Kern County, California, Document Number 220124692 field on or about September 8, 2020 (the “Notice of Lis Pend...

Excerpt: ...omitted) 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) 196 Cal.App.4th 1366, 1375. The underlying dispute arose ...

Excerpt: ...the Subject Vehicle's Theta II Engine that can result in catastrophic engine failure/seizure, stalling while in operation, and engine fire. On December 26, 2019, Defendant produced approximately 1.7 million pages of documents in this matter. This document production consisted of all documents turned over by Defendant to National Highway Transportation Safety Administration (NHTSA) in response to NHTSA's investigation Recall Query 17‐003 ("RQ 17...

Excerpt: ...alership including warranty claims and negligent repair, in connection with his purchase of a 2015 Jeep Grand Cherokee. On November 17, 2020, FCA's Motion to Compel Arbitration was denied on the basis that FCA had waived the right to arbitrate (See Minute Order, Department 53, November 17, 2020) The Court did not address plaintiff's other arguments as to why the case should not go to arbitration such as that the contract is subject to rescission ...

Excerpt: ...hristian School starting when plaintiff was a 16 year old sophomore at the school. Plaintiff alleges that Lombardi exploited Plaintiff's vulnerability and confidence, and after gaining trust and control over Plaintiff, seduced him into an unlawful and harmful sexual relationship, including, but not limited to, sexual intercourse. Plaintiff alleges Capital failed to supervise Lombardi. Plaintiff alleges causes of action against Capital for Neglige...

Excerpt: ...of the accident and that there is no evidence to support Plaintiffs claim. UMF Nos. 1‐5 in support of the motion state that on November 30, 2017, defendant was involved in a rear‐end auto accident on northbound State Route 99 near the Sheldon Road exit in Sacramento. She was driving a 2005 GMC Yukon and rearended Ireana Price, who was driving a 2001 Ford Expedition. The accident took place around 8:30 a.m. She did not consume any alcohol on t...

Excerpt: ...hat the Class Notice be sent to Class Members in the manner set forth in the Agreement; (3) Schedule a hearing on final approval of the proposed Settlement and Plaintiff's counsel's application for an award of attorney's fees and litigation costs. Plaintiff worked as a barista at a Dutch Brother's coffee kiosk owned by defendant. Plaintiff alleges the following causes of action on a class or representative basis: (1) Failure to Provide Rest Break...

Excerpt: ...truction, and maintenance throughout California. (Melmed Decl. ¶ 5.) Plaintiff was employed by Defendants during the Class Period. (Melmed Decl. ¶ 6; Garcia Decl. ¶ 4.) The Class Period is defined as “September 15, 2016, through March 23, 2021, or the date of first preliminary approval hearing, whichever occurs first.” (Stipulated Settlement Agreement and Release of Claims (the “Settlement Agreement”) ¶ A.5.) Plaintiff's claims are ba...

Excerpt: ...FAC on September 9, 2020. Plaintiff alleges the following eight causes of action against Defendant: (1) Violation of Civil Code § 1708.7 (stalking); (2) Invasion of Privacy; (2) Violation of California Penal Code § 502 (unauthorized computer access); (4) Violation of 18 USC §1030 (knowingly accessing a computer without permission); (5) Violation of 18 USC § 2510 et seq. (electronic communication privacy act); (6) Violation of 18 USC § 875 (t...

Excerpt: ... shall be available, by COURTCALL, or by Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendants' Compton, Barretto, Bobbala, Heredia, Macomber, and Wangombe's ("Defendants") Demurrer to the Complaint filed by self‐represented incarcerated plaintiff is ruled on as follows Defendants' Request for Judicial Notice is granted. Plaintiff alleges a medical negligence claim under Cal. C...

Excerpt: ...ctors Dylan Eacret, Jonathan Merrit, and Jorge Chavez (collectively, the “Proposed Intervenors”) have opposed. The Proposed Intervenors have not yet been granted leave to intervene. Their Motion to Intervene is scheduled to be heard on January 22, 2021. Thus, at this time the Proposed Intervenors have no standing to insert themselves into this litigation. The Proposed Intervenors have also failed to cite to any legal authority that would allo...

Excerpt: ...e heard on October 13, 2020. On that date, the Court denied the motion without prejudice for lack of proper notice because the separate statement and supporting declaration of Natalie L. Winslow were not field until September 29, 2020, which was only two weeks prior to the hearing. The Court found that Plaintiff may file an Amended Notice of Hearing rather than filing a new motion, after obtaining a new reservation date for the motion. (ROA 171.)...

Excerpt: ...on behalf of all hourly or non‐exempt employees who worked for defendant Mel Dawson, Inc. dba Dawson Oil Company (“Defendant”) within California between March 5, 2016, through December 31, 2020. On December 11, 2020, Plaintiff filed his First Amended Complaint (“FAC”), which added a claim for civil penalties under the Private Attorney General Act (“PAGA”). Plaintiff alleges Defendant failed to pay minimum and overtime wages, failed ...

Excerpt: ...e mailing by the TPA of the letter to the class from Plaintiff's counsel; and (3) produce the documents to the TPA in the form requested by a date certain is GRANTED as follows. This class action asserts various causes of action against First American relating to alleged underpaid repair claims by applying improper depreciation. Due to her illness, Plaintiff is no longer able to serve as class representative and sought, by way of document request...

Excerpt: ...quest for judicial notice of the Cross‐Complaint and First Amended CrossComplaint filed by Catalyst in this action is granted. At the outset, this motion also seeks multiple forms of relief regarding two separate forms of written discovery (special interrogatories and requests for production), each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, ...

Excerpt: ...equest for judicial notice of documents in the Court's file 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. Dep't 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. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hi...

Excerpt: ... Court to maintain personal jurisdiction over it. The project/work at issue was at the McCarron Airport in Las Vegas, Nevada, and all parties are subject to personal jurisdiction in the proposed alternative forum of Clark County, Nevada. Bombard's request for judicial notice is granted. This litigation was originally venued in Alameda County, California. Plaintiff Moz Designs, Inc. sued Capitol Store Fixtures and National Wood Products, Inc. only...

Excerpt: ...d to notify Defendants immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Defendants appear without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for judicial notice is granted. It must also be observed that “[w]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, includin...

Excerpt: ...ants' third amended PMK notices directed to Plaintiffs. Defendants also request sanctions in the amount of $3,540. The motion is continued to February 4, 2021, as follows. Defendants allege that, to allow for adequate time following PMK depositions to coordinate and take necessary individual deposition, Defendants require an immediate court order to complete discovery in advance of the April 2021 trial date. Defendants served initial deposition n...

Excerpt: ...taff privileges at Methodist Hospital of Sacramento. Plaintiff named as defendants Dignity Health, Dignity Health Methodist Hospital of Sacramento, and Does 1 through 30. According to the FAC, plaintiff “has been a strong patient's advocate” and “in an attempt to intimidate Plaintiff and silence his patient advocacy, certain worker's compensation insurers falsely reported that Plaintiff was billing for x‐rays that had not been taken, whic...

Excerpt: ...g; third cause of action for violation of Civil Code section 2924.17; fourth cause of action for violation of Business & Professions Code section 17200, et seq; fifth cause of action for cancellation of instrument; and sixth cause of action for quiet title on the grounds that each cause of action fails to allege sufficient facts to state a cause of action against Defendants and the pleading of the cause of action is fatally uncertain. (See Code C...

Excerpt: ...g Massachusetts as the exclusive forum. In the complaint Plaintiff alleges causes of action against moving Defendants and others (Gray Line Corporation, Inc. and Gray Line Las Cabos) for false advertising in violation of Business & Professions Code § 17500 et seq., violation of the Consumer Legal Remedies Act (“CRLA”) and for unfair completion in violation of Business & Professions Code § 17200 et seq. Plaintiff alleges that he booked a shu...

Excerpt: ...urram Ahmad's real property at 9459 Secretariat Lane in Elk Grove (“Property”). The underlying lawsuit involved claims against Khuttam Ahmad and his business American River RV, Inc. pursuant to an Inventory Settlement Agreement which Khurram Ahmad personally guaranteed. Plaintiff alleges that Khurram Ahmad transferred the Property to MN Real Estate, LLC which is owned by his parents Makhtar and Nazai Ahmad. Plaintiff alleges that Khurram Ahma...

Excerpt: ...dants Sumit Sharma and SF Edison Partners LP (collectively “Skyview Villa”). Mr. Faisal and Plaintiff Madeem Razmal allege that Mr. Faisal encountered a group of gang members in the parking lot of the apartment complex. When Mr. Faisal verbally questioned them, Mr. Williams, who was apparently one of the gang members, fired a flare gun towards Mr. Faisal's face, striking him in the eye and causing significant injuries. Mr. Faisal alleged a si...