Excerpt: ...f action. In this employment action Plaintiff alleges FEHA related causes of action against CSU including for discrimination and harassment based on disability, retaliation, and failure to engage in the interactive process. She also alleges the Tenth Cause of Action for Intentional Infliction of Emotional Distress (“IIED”) which is the subject of the instant demurrer. Plaintiff began her employment with CSU in 1989 and is currently employed a...

Excerpt: ...file and serve on or before October 14, 2021, evidence to support their contention that the debt of $133,800,00 was discharged in the bankruptcy and proof of service on the Trustee of notification of this lawsuit, including a copy of this minute order. The Court also permitted defendants to file supplemental briefing on or before October 14, 2021. Each party was allowed to respond to the additional briefing on or before October 21, 2021. Defendan...

Excerpt: ...inst and harassed based on his national origin. Defendant was an investigator hired by the District to investigate allegations of sexual harassment. The District fired Plaintiff over the findings of the investigation. Plaintiff also alleges causes of action against the District for IIED and Defamation. The IIED and Defamation claim are also alleged against Defendant. Plaintiff also alleges a cause of action for Professional Negligence against Def...

Excerpt: ...eing left in a permanent vegetative state. Kyra was then admitted to Vibra for long‐term care on two separate periods between June 2017 and February 2019. The Ritchies settled their underlying lawsuit with the Sutter Defendants. In that action Vibra sought to assert a lien against the settlement proceeds in the amount of $796,950. The lien could not be adjudicated in that action. The Ritchies brought a declaratory relief action regarding Vibra'...

Excerpt: ...e and two) and requests for admission (sets one‐three). Defendant was ordered to serve responses without objections no later than October 5, 2021. On September 24, 2021, the Court granted Defendant's ex parte application to the extent that Defendant had until October 27, 2021 to serve the responses and indicated that “[t]he question of whether defendant is entitled to retain their objections shall be determined at the hearing on October 27, 2...

Excerpt: .... In any event, neither are relevant to the Court's ruling below. At the outset, Plaintiff's 22 page memorandum violates the page limits set forth in CRC Rule 3.1113(d). Plaintiff did not obtain an order from the Court allowing him to file such an oversized opposition memorandum. Nevertheless, the Court considered the entirety of the memorandum. Plaintiff alleges causes of action against Defendant for: (1) breach of fiduciary duty; (2) negligence...

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 on December 28, 2020. (Register of Ac...

Excerpt: ..., Set One is ruled upon as follows. Plaintiff's request for judicial notice is DENIED as the Court finds the document of which Plaintiff seeks judicial notice is irrelevant to resolution of this motion. (Atherton v. California High‐ Speed Rail Authority (2014) 228 Cal.App.4th 314, 341 [finding that the court may decline to take judicial notice of irrelevant matters].) According to Plaintiff, Plaintiff served the following discovery requests on ...

Excerpt: ...�), is substandard as defined in California Health and Safety Code section 17920.3 and is a public nuisance. (ROA 1.) On July 19, 2021, this Court entered an order finding the Subject Property to be such and appointed Receiver Richardson Griswold (“Receiver”) pursuant to Health and Safety Code section 17980.7. (Id., 46.) The order required the Receiver to “take full control and possession of the Subject Property and to take such actions as ...

Excerpt: ...dent at Defendants Evergreen Innovation Group, LLC and DPR Construction, Inc. (“Evergreen”) on or about August 31, 2020. (Complaint, ¶ 7.) During the interview process for this position, Plaintiff was informed he would be eligible for an end of the year bonus in 2020. (Id., ¶ 8.) In late 2020 or early 2021, Plaintiff spoke with Defendant Brandon Hanlon (“Hanlon”), Evergreen's Electrical Division Manager, regarding Plaintiff not receivin...

Excerpt: ..., Plaintiff alleges a Labor Code section 226(a) claim predicated on Defendants' failure to provide wage statements that identify the inclusive dates of the pay period, i.e. when the pay period began, and a cause of action for violation of PAGA predicated on Defendants' alleged violation of Labor Code section 226(a). The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Ba...

Excerpt: ...oyee engaged in a wrongful act, and DDS is immune from liability because the actions of its employees were statutorily authorized and within their discretion in performing their official duties. Plaintiff'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 (j...

Excerpt: ... compel arbitration based on the Respondent's signed contractual agreement to arbitrate any disputes under the insurance policy with an arbitrator affiliated with American Arbitration Association ("AAA"). On June 11, 2021, the Court granted Petitioner's motion and ordered the parties to arbitrate Respondent's claims. Respondent's Notice of Motion seeks an order that Petitioner shall pay Respondent's reasonable attorney's fees and costs related to...

Excerpt: ...e scheme to acquire Plaintiff's confidential data and divert Plaintiff's customers and business opportunities to his competing business. Plaintiffs contend defendant concealed evidence of his illegal activities by removing and destroying the hard drive from his company‐owned desktop computer (the "Computer") prior to returning the Computer to Plaintiff with a new hard drive after he resigned. Plaintiff seeks the following discovery from defenda...

Excerpt: ...sisting of all current and former hourly‐paid or non‐exempt employees of Defendant within the state of California at any time from September 11, 2016 to the present. Plaintiff also brings a PAGA claim. See Plaintiff's First Amended Complaint, ¶ 13 ("FAC"). In this motion, Plaintiff seeks an order compelling Maxgen Energy Services Corporation ("Defendant") to provide further responses to Special Interrogatories. Plaintiff states that the disc...

Excerpt: ...each of contract and more premised on allegations that Plaintiff failed to pay rent. At issue on the instant motion is Defendant Norman Leal's response to Plaintiff's special interrogatory no. 4 which asked Defendant to identify “which of the CrossComplainants entered into the oral agreement with Jensen as alleged in paragraphs 10 and 11 of the Cross‐Complaint.” Defendant interposed various objections but answered that “Elaine Jones enter...

Excerpt: ...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 Defendant's response to Plaintiff's form interrogatory 2.5 which asks for Defendant's current ad...

Excerpt: ...net Riley, by and through her successor‐ininterest Damon Riley, alleges causes of action for Elder Abuse in connection with her stay at 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 all...

Excerpt: ...smission and overheating (“Defects”), Plaintiff seeks to compel Defendant to produce a person most knowledgeable (“PMK”) with respect to numerous topics in addition to producing certain documents at the deposition. The subject PMK topics deal with repairs to the subject vehicle, technical service bulletins (“TSB”) related to the subject vehicle, recalls, refusal to repurchase the subject vehicle, warranty policies, repair procedures, ...

Excerpt: ...school. 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. Plaintiff seeks a protective order “to prevent counsel for Defendant Continuing Development Inc. (“CDI”), from engaging in abuse of the discovery process by repeatedly making improp...

Excerpt: ... 48 hours. The litigation coordinator is directed to have Plaintiff Alan Hammler available at oral argument on October 20, 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 October 20, 2021. Appearance is required. Self‐represented Plaintiff Allen Hammler's motion for ...

Excerpt: ...ent in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 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) 955 F.2d 1268, 1276; Van Bronkh...

Excerpt: ...to determine 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 Ci...

Excerpt: ...Rules of Court, Rule 3.769.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 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 ...

Excerpt: ...ation coordinator is directed to have Plaintiff James Root available at oral argument on October 20, 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 October 20, 2021. Appearance is required. Defendants California Department of Corrections and Rehabilitation (“CDCR”...