Excerpt: ...t time of the accident. Amazon was named under vicarious liability and agency theories because Plaintiffs contend Amazon's subcontractor, Soon Express, carries insufficient insurance to cover the damages sustained in the accident. This motion seeks a protective order concerning Plaintiffs' Fifth Set of Requests for Admission (Set Five) and Fourth Set of Form Interrogatories (Set Four), which were served on Amazon on May 28, 2021. (Johnson Decl., ...

Excerpt: ...arbara Mello, and Steven Mello (“Plaintiffs”) filed a Petition for Order Directing Payment Out of the Victims of Corporate Fraud Compensation Fund (“Petition”) against Defendant Dr. Shirley N. Weber in her official capacity as California Secretary of State (“Defendant”). According to Plaintiffs' Petition, Plaintiffs are individual investors who were victimized by Lee Loomis (“Loomis”) and his corporate entities in a corporate frau...

Excerpt: ...against Plaintiff entered on May 27, 2021 (“the Judgment”) to stay enforcement of the Judgment during the pendency of Conservator's appeal. The motion is ruled on as follows. Defendant's motion is made pursuant to Code of Civil Procedure section 917.9 on grounds that the Court should exercise its discretion and require a bond or undertaking from Conservator because: (1) the judgment is large, and will almost certainly increase by a substantia...

Excerpt: ...r other amounts awarded against Plaintiff in this litigation; and requiring Plaintiff to obtain leave of court before filing any new litigant in propria persona in the courts of California, consistent with Code of Civil Procedure section 391.7. The motion is ruled on as follows. The notice of motion states ISS makes the motion on the following grounds: (1) Plaintiff has attempted to relitigate issues, without regard to procedure or merit, even af...

Excerpt: ...nd the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to the hearing, counsel for moving party shall be available at the hearing, via Zoom video or audio, in the event opposing party appears without following the procedure set forth in Local Rule 1.06(B). Plaintiff Jazmine E. Tucker ("Plaintiff") filed a Complaint against FCA US LLC and Elk Grove Dodge arising from a purchase ...

Excerpt: ...ing party forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to the hearing, counsel for moving party shall be available at the hearing, via Zoom video or audio, in the event opposing party appears without following the procedure set forth in Local Rule 1.06(B). Plaintiff is a former non‐exempt employee of Defendant Life Ge...

Excerpt: ...Defendant's and Plaintiff's requests for judicial notice are granted. Defendant's notice of motion states it “brings this motion on the grounds that AIG's claims lack support in both law and evidence.” The notice of motion does not comply with the requirements of Rule of Court 3.1350(b), which provides: “If made in the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in support o...

Excerpt: .... The parties reached an informal settlement in which Plaintiff agreed to dismiss the action in exchange for the statutory repurchase of the subject motorcycle, with attorneys' fees and costs to be determined by motion. Pursuant to the settlement, the parties stipulated that Plaintiff is the “prevailing party” for purposes of this motion. The Act provides that a court “shall” award a prevailing buyer a “sum equal to the aggregate amount...

Excerpt: ...nly known as Madeira East Village, constructed and sold by Taylor Morrison of California, LLC, and other related entities. Defendant seeks to stay the action and to compel compliance with SB 800 Right to Repair Act. (Civil Code 930(b) Plaintiffs and Taylor Morrison were actively engaging in the pre‐litigation process as required SB 800, which affords Taylor Morrison the absolute right to inspect and effectuate repairs to Plaintiffs' homes befor...

Excerpt: ...ir Employment and Housing Act (FEHA) violations, including sex and race harassment. Plaintiff alleges in her Complaint that individual Defendant Mark Carrillo ("Carrillo") harassed her on a daily basis, that individual Defendant Brent Harwood ("Harwood") constantly made racially and sexually offensive comments and conduct to her throughout her employment, that both Carrillo and Harwood made such comments in front of other coworkers, and Plaintiff...

Excerpt: ...t in an expedited fashion. (See ROA 12) The Request for Judicial Notice by Plaintiff James V. Lacy is denied. Plaintiff asks the Court to take judicial notice of information about an ongoing murder trial as well as a news article and television news clip related to the trial. A news article and a television news clip cannot be used to establish the truth of the matters asserted. Courts should not take judicial notice where the subject matter is n...

Excerpt: ...assment, failure to prevent harassment/retaliation and retaliation. Plaintiff alleges that he interviewed with Defendant Arakji for a position at GSA as an Information Technology Specialist 1 in April 2019. (Comp. ¶ 14.) He alleges that Defendant Arakji offered him the position in May 2019 and he accepted. (Id.) Plaintiff alleges that Defendant Arakji began to engage in inappropriate conduct soon after he started the position. He alleges that De...

Excerpt: ...nimum wages, provide meal and rest breaks, and more in violation of the Labor Code. By way of the instant motion Plaintiff seeks leave to file a first amended complaint to allege that the Defendants are personally liable under Labor Code § 558.1. Plaintiff also seeks to make other minor changes including removing a defendant. Plaintiff also seeks to reopen discovery on the basis that a significant period of time has passed since the initial tria...

Excerpt: ...der FEHA for age discrimination, harassment based on age, and retaliation. He also alleges a cause of action for constructive discharge Prior to the instant motion to strike, Defendant demurred on three occasions to the previous iterations of the complaint. Defendant moves to strike paragraph 10 of the 5AC which alleges that prior to the 2016 school year, Defendant “notified Plaintiff that he would be involuntarily removed from teaching high sc...

Excerpt: ...est Service Co. Inc. (Plaintiff) filed the underlying complaint on November 25, 2020 against Defendant Lisa Wiley (Defendant), alleging common counts. (ROA 1.) Defendant failed to respond to the summons and complaint. Plaintiff requested Entry of Default against Defendant on March 17, 2021, which the Court entered on that same date. (ROA 7, 8.) Defendant now moves to set aside the entry of default and Plaintiff opposes the motion on the merits. A...

Excerpt: ...laint alleged negligent and intentional infliction of emotional distress and the following violations of the Fair Employment and Housing Act: (1) discrimination on the basis of race, ancestry, national original, or color; (2) disability discrimination; (3) retaliation; (4) hostile work environment based on race, ancestry, national origin or color; (5) hostile work environment based on disability; (6) hostile work environment based on Plaintiff's ...

Excerpt: ...2012. Kohl filed a lawsuit against the Truongs in July 2012, claiming the Truongs breached their contract (Construction Action). The Truongs hired Larry Ring, Esq., who filed a cross‐complaint against Kohl in August 2013. Larry Ring withdrew from representation of the Truongs in May 2014. The Truongs then retained the law firm Nageley, Meredith, & Miller, Inc., where attorneys Jim Keowen and Andrew Weil (Keowen and Weil, respectively) handled m...

Excerpt: ...mended Class and Representative Action Complaint (SAC), Defendant Roofline, Inc. (Defendant) is a roofing and building material supplier and delivery company. (SAC, ¶ 14.) Plaintiffs and other non‐exempt employees were required to load heavy building materials from Defendant's warehouse to flatbed trucks, and then deliver the orders to Defendant's customers or job sites. (SAC, ¶ 15.) On November 27, 2019, Plaintiff Gary Sifuentes filed a clas...

Excerpt: ...smissing Plaintiff's putative class/representative action claims in accordance with the class/representative action waiver contained in the DRP; and staying this action until an arbitration was conducted and concluded. Plaintiff opposes the motion, arguing his PAGA claim cannot be compelled to individual arbitration because (1) Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, bars individual arbitration of PAGA claims as against pu...

Excerpt: ...udgment 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 Rainbow (1993) 12 Cal.App.4th 1441, 1450.) The Court...

Excerpt: ... and Plaintiff fails to show that any classification adopted by the Tiered Registry Law is not rationally related to any conceivable state objective. The demurrer 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(D). Counsel for moving party is directed to contact opposing party forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling...

Excerpt: ...r and race and in retaliation for making an internal complaint of discrimination/harassment against her supervisor. At issue on the instant motion are Plaintiff's responses to SMUD's requests for admissions (set one) and the accompanying form interrogatory 17.1 (which asks for facts/witnesses/documents supporting any denial of the request for admissions). The subject discovery relates to Plaintiff's allegations that she suffered severe emotional ...

Excerpt: ...mine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992)...

Excerpt: ...essed and used his medical records in connection with their divorce and child custody proceedings. This Court previously granted Defendant's motion for summary judgment but that order was reversed by the Third District Court of Appeal as to the causes of action for invasion of privacy and IIED. Plaintiff is not claiming any bodily injury in this action though he does allege that experienced significant emotional distress as a result of the use of...

Excerpt: ...leging causes of action for breach of contract, breach of the covenant of good faith and fair dealing, “deceit,” “concealment,” based on allegations that Plaintiff charges credit card interest in excess of allowable rates. Cross‐complaint seeks leave to amend his cross‐complaint which he originally filed in March 2019 to delete two causes of action for deceit and fraud to “streamline[] his action into two causes of action which will...

Excerpt: ...21, by the Hon. Cecily Bond (ret.) in Respondent's favor. The arbitration arose from Petitioners' claims for intentional misrepresentation, breach of contract and the breach of covenant of good faith and fair dealing in connection with Respondent's sale of Insight Computing, LLC and Shedlight Technology, LLC to them. Petitioners claimed that Respondent provided inaccurate and misleading information regarding the financial condition of the compani...

Excerpt: ...eks to seal the entirety of Kathryn Hoops' deposition transcripts which are exhibits C‐E in support of the motion for summary judgment. Defendant contends that the transcripts contain proprietary, confidential and private information. Defendant also seeks to seal portions of its memorandum of points and authorities, and portions of its separate statement in support of its upcoming motion for summary judgment that reference Helberg's declaration...

Excerpt: ...ENIED IN PART as follows. Background This litigation arises from a business dispute in which Plaintiffs Ericson Real Estate LLC, Chris MacPhail, and Dorothy MacPhail (“Plaintiffs”) allege that Defendants 3 Point Real Estate & Construction, Inc. (“3 Point”) and Chris MacPhail (“Chris”) took profits belonging to the partnership. According to Plaintiffs' Third Amended Complaint, Plaintiff Scott Ericson (“Scott”) met Chris and his wif...

Excerpt: ...Defendant then filed an Answer. Attached to the Declaration of Hanna Kerfan (“Kerfan Decl.”) as Exhibit "2" are Defendant's Responses to Plaintiff's Request for Admissions (“RFAs”). Plaintiff asserts that “In response to the Request for Admissions, Defendant implicitly admitted they were issued the Credit Card in question and directly admitted that they were the only person to use the credit card in question. Furthermore, Defendant admi...

Excerpt: ... investment property. Now that they are no longer in a relationship, each disputes the other's interest(s) in that investment property. (Compare Compl. with Cross‐Compl.) Plaintiff Christopher Steele initiated this action when he filed his verified complaint on September 27, 2019, alleging a cause of action for partition by sale of real property and a cause of action for accounting. According to Plaintiff's Complaint, the real property at issue...

Excerpt: ...(Plaintiff) and various Defendants with respect to a purchase and sales agreement for the purchase of real property known as the Howe Manor Apartments (the Property) for $15,800,000. Plaintiff filed its original complaint on September 13, 2019 (ROA #1), a First Amended Complaint on October 24, 2019 (ROA #9), a Second Amended Complaint on July 16, 2020 (ROA #137), and a Third Amended Complaint on June 5. 2019. (ROA #165.) According to the Third Am...

Excerpt: ...twelfth cause of action for fraudulent concealment in Plaintiffs' operative complaint. The motion is ruled on as follows. Plaintiffs' 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 ...

Excerpt: ...eers 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.) Plaintiff David Ben Vanenger purchased a 2014 Jeep Wrangler (“the Vehicle”) manufactured by Defendant FCA. (Compl. ¶ 7.) The purchase was memorialized in the sales contract titled Retail Installment Sale Contract ‐ Simple Finance Char...

Excerpt: ...efendant's request for judicial notice is granted. Defendant alleges Plaintiff's first cause of action for implied‐in‐fact contract, second cause of action for open book account, third cause of action for quantum meruit, and fourth cause of action for quantum meruit each fail because Plaintiff was required to accept as payment in full the Medi‐Cal fee schedule amounts set by state and federal law. Defendant also claims the first cause of ac...

Excerpt: ...s") Motion for a Protective Order to Prevent the Deposition of the Person Most Knowledgeable ("PMK") from Plum Healthcare Group, LLC Regarding the Management Agreement Between GI Partners and Plum Healthcare Group LLC is denied. Plaintiffs Gerard Follettie, by and through his successor‐in‐ interest, Gerard Joseph Follettie; Gerard Joseph Follettie, individually, Gary E. Follettie, individually, Cindy Lehr, individually; and Kimberly G. Phipps...

Excerpt: ...allege, among other things, that Defendant Land Home Financial Services, Inc. ("Defendant") failed to compensate them for all hours worked, including minimum wage and overtime, among other things. Plaintiffs bring the action individually, on behalf of other members of the general public similarly situated, and on behalf of aggrieved employees pursuant to the Private Attorneys' General Act ("PAGA"). (First Amended Complaint (“FAC”) at 1.) The ...

Excerpt: ...ecorded 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 rec...

Excerpt: ...rising out of damage to their home caused by water intrusion. The Complaint was filed February 4, 2021. Plaintiffs filed several claims under their policy with Nationwide concerning water damage to their residence. Bullseye was hired by Nationwide in January and February of 2017 to conduct an investigation of the water damage. Nationwide and Bullseye informed Plaintiffs after the first claim that the cause of the leak was wear, tear and cracks in...

Excerpt: ...e violation of the Rules of Professional Conduct. (See Ruling on Motion for Summary Adjudication, ROA 283) In its motion for summary adjudication, Bank contended Kronick could not enforce the written contract because Kronick violated the Rules of Professional responsibility by not disclosing and obtaining waiver of a conflict. " Bank asserts the law firm's failure to obtain a written conflict waiver from a client rendered the fee agreement with t...

Excerpt: ...ied. Plaintiff's motion is made upon the grounds that (1) Defendant improperly asserted boilerplate objections without justification, and (2) Defendant refuses to provide Codecompliant supplemental responses. Defendant opposes the motion arguing that its objections based upon the privacy of its employees encompassed by the two requests are valid and meritorious, and that Plaintiff has not satisfied its burden to overcome the privacy protections o...

Excerpt: ...tability defects including mold and mildew growth, water leaks, no heat, defective heater, rodent infestation, cockroach infestation, and inadequate weather stripping, among other defects. Plaintiff alleges causes of action for Breach of the Warranty of Habitability (Civil Code 1941) Violation of Civil Code 1942.4, Breach of Contract Civil Code 3300, Breach of Quiet Enjoyment Civil Code 1927, Private Nuisance Civil Code 3501, Premises Liability, ...

Excerpt: ... with the issues presented by this motion is in dispute. “Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.” (citation 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 int...

Excerpt: ...es in pertinent part: "The reference is pursuant to Code of Civil Procedure section 639 and is solely for purposes of hearing all current and future discovery motions. Motions concerning procedural issues (i.e., motions to reopen discovery, motion to change the discovery cutoff, etc.) are not within the scope of the reference." (ROA 784). This elder abuse case has a trial preference date of October 12, 2021. Plaintiff Helen Williams was a residen...

Excerpt: ...015, (2) a single sentence of the Medical Board of California's Expert Reviewer Guidelines, that was not attached to the copy of the request that was served on Petitioner, and (3) the dissent in an unrelated and irrelevant case. “Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.” ) While courts take judicial notice of public records, they do not...

Excerpt: ...on based on physical disability/medical condition, retaliation, failure to accommodate, failure to prevent discrimination/retaliation, sexual and racial harassment and a cause of action for wrongful termination in violation of public policy. Plaintiff, who is an African‐American female worked for Defendant as a leasing agent for three years. She alleges that her superiors discussed their sex life around her, made derogatory racial comments and ...

Excerpt: ...�SJUSD”) and Defendant Bryan Irwin, the vice‐principal of Bella Vista High School for negligence. The action arises out an incident on April 13, 2018 when Plaintiffs were allegedly assaulted by non‐moving Defendants Austin Shanks, Jaden Koenig and Hadi Mischal on the Bella Vista campus. Plaintiffs have alleged causes of action against the non‐moving Defendants which are not the subject of the instant motion. Plaintiffs allege that moving ...

Excerpt: ...ion, the Court found that Plaintiff failed to demonstrate that Defendant's cross‐complaint arose from protected activity. Defendant now seeks fees pursuant to CCP § 425.16(c)(1) on the basis that Plaintiff's anti‐SLAPP motion was frivolous. Defendant seeks $14,542 in fees representing $10,775 in fees for opposing the anti‐SLAPP motion and $3,767 in fees for the instant fees motion. The Court considered Plaintiff's untimely reply which was ...

Excerpt: ...gs in this action and in the Winkey action, are unopposed and are 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.) This...

Excerpt: ...f default and default judgment, the Court's electronic docket does not reflect that default judgment has actually been entered against her. The Court cannot set aside a default judgment that has not actually been entered. Accordingly, the Court construes this motion as a motion to set aside the entry default as against Defendant on June 7, 2021 (Register of Actions (“ROA”) 14‐15). Pursuant to Code of Civil Procedure section § 473(b) and (d...

Excerpt: ...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 Plaintiff's counsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Plaintiff's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Pla...