Excerpt: ...ley (“Smedley”) did not file any opposition. Plaintiff filed its Complaint on June 30, 2021, alleging causes of action for “Interference with Access to Healthcare [Civil Code 3427, et seq.]; Request for Civil Damages and Provisional Remedies.” In the instant motion, Plaintiff argues that Brennan, an elderly patient, and her patient advocate Smedley, have been preventing Brennan's discharge from MHF and her acceptance of a suitable placeme...

Excerpt: ...1.06. Moving counsel is directed to contact Plaintiffs' 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Ford's request for judicial notice of a prior ruling from this Court on March 24, 2021, in Dickerson v. Ford Motor...

Excerpt: ...ender and race and in retaliation for making a complaint of discrimination/harassment against her supervisor, James Leigh‐Kendall (“LeighKendall”). The Second Amended Complaint (“SAC”) alleges causes of action for: (1) Retaliation; (2) Gender Discrimination (Cal. Gov. Code § 12940 et seq.); (3) Sexual Harassment/Discrimination (Cal. Gov. Code § 12940 et seq.); (4) Race Discrimination (Cal. Gov. Code § 12940 et seq.); (5) Race Harassm...

Excerpt: ... on as follows. Defendant's request for judicial notice is granted. The Court does not grant Plaintiffs' late requests for judicial notice. Plaintiffs filed their complaint on October 5, 2020, alleging causes of action for (1) violation of the California Voting Rights Act, and (2) violation of 52 U.S.C. § 10301(b) and constitutional provisions. Defendant's motion is made on the grounds there is no effective relief for the Court to grant because ...

Excerpt: ...Client Fee Arbitration (Rejection of Award). According to the Complaint, Plaintiff signed a fee agreement with Defendant Desmond, Nolan, Livaich, & Cunningham (Desmond) on or about October 30, 2015, for Desmond's representation of Plaintiff and Defendant Jarvis Properties, a limited partnership of which Plaintiff is a general partner, in three eminent domain lawsuits that had been filed and pending in Monterey County. (Compl., ¶ 7.) The fee agre...

Excerpt: ... dispute over a warranty claim allegedly covering the individual's malfunctioning air conditioning system during extreme summer temperatures in Sacramento. Plaintiff alleges he made 92 telephone calls to Defendant, “lasting 810 minutes in duration, and over the 44 days from July 16, 2020, through August 28, 2020,” wherein “Defendants repeatedly promised and represented to Plaintiff the replacement and repairs would occur in an expedited man...

Excerpt: ...cal Services of Florida, LLC (collectively “Defendants”) oppose the motion. This action arises out of the care and treatment plaintiff Helen Williams ("Ms. Williams") received while she was a resident of Manor Care of Citrus Heights CA, LLC ("MCCH" or the “facility”), a skilled nursing facility in Citrus Heights, California, from January 26, 2018, to February 22, 2018. Plaintiffs filed their original Complaint on June 4, 2019. The origina...

Excerpt: ... an action against Wells Fargo in connection with payments on her mortgage. Previously, the Court sustained Defendants' demurrer to the original pleading, with leave to amend, both on grounds of uncertainty and on grounds that it failed to state facts sufficient to constitute a cause of action because all of Plaintiff's claims were grounded in professional negligence and were thus barred by the one‐year statute of limitations set forth in Code ...

Excerpt: ...ntact Defendants (or their counsel, if they are represented) forthwith and advise 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 Defendants prior to hearing, moving counsel is ordered to appear at the hearing. This is an action for breach of a Loan & Security Agreement (“LSA”) and Personal Guaranty signed by Lakhwinder Virk, both dated 10/17/2018. Plain...

Excerpt: ...led on as follows. Defendants' and Plaintiffs' requests for judicial notice are granted. Plaintiffs filed their form complaint on May 29, 2019, alleging a cause of action for motor vehicle‐personal injury and general negligence. (ROA 1.) Defendants move for summary judgment on the grounds that California law mandates claims for personal injuries arising out of alleged professional negligence of a health care provider, such as the claim(s) made ...

Excerpt: ...o taught English as a second language, alleges she was injured on January 6, 2020 when an extremely loud horn blast from a gold‐line light‐rail train caused abrupt loss of hearing in her right ear when she was exiting 24 Hour Fitness 7th Street. She alleges she has lost her hearing and was required to undergo a hip replacement when she fell after the horn blast. She contends that the horn blast was unnecessary because there was no emergency, ...

Excerpt: ...ht , resulting in a collision with plaintiff in the intersection as he was turning left. Plaintiff alleges causes of action for motor vehicle negligence, general negligence, intentional tort (civil battery), and gross negligence. Defendant files this motion for judgment on the pleadings as to the intentional tort cause of action for civil battery and the prayer for punitive damages. The court construes the motion for judgment on the pleadings as ...

Excerpt: ... has been dismissed, although the document has not been scanned and the data entry on the dismissal was not until July 13 2021. The moving papers contend that this Declaratory Relief Action seeks a determination that Aspire does not owe coverage for the third party property damage because the vehicle was stolen. However, the Complaint does not allege that Aspire does not owe coverage under the policy's liability section for the third‐party vehi...

Excerpt: ...o prepare an opposition. Plaintiffs allege that they were induced into purchasing a coin laundromat in a crimeridden area in Sacramento, based on misrepresentations from Defendant PWS and their agents. By way of their complaint, the Yuans seek, among other things, rescission of the purchase and sale contract. PWS' affiliate DPLA owned the premises on which the laundry is located and was Plaintiffs' landlord for the past three years. Plaintiffs re...

Excerpt: ... motion for "limited" discovery is granted, plaintiff may file an Amended and/or Supplemental Opposition to Special Motion to Strike, not to exceed 10 pages, at least nine court days prior to the rescheduled hearing. (See ROA 27) On or around April 1, 2021, Plaintiff filed a Complaint for Damages and Injunctive Relief ("Complaint") against Defendant Sai Vang ("Defendant"). (Declaration of Liah M. Bumley ("Bumley Decl."), ¶ 4, Exhb. A ("Complaint...

Excerpt: ... Funding as a second position lien on the Property. (Request for Judicial Notice #1). (See Compaint ¶ 12) The deed of trust was recorded with the Sacramento County Recorder on November 1, 2019. A foreclosure sale was held and the trustee issued a trustee's deed upon sale (TDUS") for the Property transferring title to Aquino Trust #2919 R.Chavez Trustee. (RJN #2). The foreclosure sale was held on December 10, 2020 (Compl. ¶ 25). Aquino Trust the...

Excerpt: ...otion for summary judgment, the Court engages in a multi‐step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Next, the Court must determine whether the moving party has met its burden. A defendant moving for summary judgment bears the burden of persuasion that one or more ele...

Excerpt: ... Inc. (“Defendant”) committed wage and 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 a...

Excerpt: ...y situated individuals who were employed at Defendants' Almond Heights Senior Living and Memory Care Community anytime during the period from June 4, 2018 through December 3, 2020 (Settlement Period). The PAGA claims were premised on Defendants' alleged failure to pay wages, meal and rest break violations, failure to reimburse for uniform costs, failure to pay final wages or waiting time penalties, failure to provide accurate, itemized wage state...

Excerpt: ...out March 25, 2019, which was amended on or about November 14, 2019. (Complaint, ¶ 7.) For purposes of this ruling, the term “Lease” refers to the original lease from March 2019 as amended in November 2019. Plaintiff alleges that, pursuant to the Lease, Cal Fit agreed, among other things, 1) to pay base rent and Common Area Maintenance Expenses (Common Expenses), with both amounts abated before June 1, 2020 and subject to recapture, 2) to pr...

Excerpt: ...ovide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Defendants/Cross‐Complainants' 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 Defendants/Cross‐Complainants' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by tele...

Excerpt: ...iffin, as specified in Plaintiff's notice of taking the deposition of SMUD's person most qualified (PMQ), served on May 2, 2021. SMUD also seeks sanctions in the amount of $3,370. The motion is ruled on as follows. SMUD's request for judicial notice of declarations previously filed in this action is granted. In this employment action, Plaintiff alleges her employer, SMUD, discriminated against her because of her gender and race and in retaliation...

Excerpt: ...h 1, 2020, Plaintiff filed his First Amended Complaint alleging claims for: (1) failure to pay all wages; (2) failure to provide rest periods or compensation in lieu thereof; (3) failure to provide meal periods or compensation in lieu thereof; (4) failure to provide accurate wage statements; (5) failure to pay wages upon separation of employment; (6) unfair business practices; and (7) penalties pursuant to Labor Code § 2699(f). Defendant denies ...

Excerpt: ...efendant, Consumers Self‐Help Center Erroneously Sued as Sacramento Wellness Center (Consumers), a nonprofit organization that offers clinical, social, and wellness services. (First Amended Complaint (FAC, ¶¶ 6, 23.) Plaintiff alleges that Consumers scheduled Plaintiff to meet Defendant David Elliott (Elliott), an employee of Defendant Sacramento Steps Forward (Steps Forward), to help Plaintiff find housing. (FAC ¶¶ 7, 23.) Defendant Steps ...

Excerpt: ...ence, Dependent Adult Abuse, false imprisonment, human trafficking, violations of the Unruh and Bane Acts, and conspiracy to commit fraud in connection with allegations that he was improperly committed to various state hospitals (Atascadero and Coalinga State Hospitals). Plaintiff was involuntarily committed as a mentally disordered offender (“MDO”) by the San Luis Obispo County Superior Court on October 15, 2005, after it was found beyond a ...

Excerpt: ...ry 21, 2020 and January 7, 2021 respectively pursuant to CCP § 473(d) on the basis that the default is void because it was never served with the summons and the second amended complaint. Alternatively, Defendant seeks relief pursuant to CCP § 473.5 on the basis that any service did not result in actual notice in time to defend the action. Here, since service was by a registered process server, Evidence Code § 647 provides a presumption of vali...

Excerpt: ...on provides that where the party to whom requests for admission are directed fails to serve a timely responses, the requesting party may seek an order that the “genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction…” (CCP § 2033.280(b).) The Court must make the order “unless it finds that the party to whom the requests for admission have been directed ha...

Excerpt: ...8 in which Plaintiff alleges that Defendant collided with a vehicle driven by his mother. Plaintiff alleges that he suffered serious injuries as a result. In the FAC, which is on the judicial council form, Plaintiff alleges a cause of action for motor vehicle negligence and general negligence. He also seeks punitive damages. To that end, Plaintiff alleges that Defendant was driving under the influence of alcohol on the day in question. (FAC p. 6 ...

Excerpt: ...n, Plaintiffs allege causes of action for Professional Negligence, Breach of Fiduciary Duty, Constructive Fraud and Breach of Contract. Plaintiffs also seek punitive damages. Plaintiffs allege that non‐moving Defendant Aaron McKinney committed malpractice in connection with his representation of Plaintiff Davila in an appeal from an underlying personal injury action. At trial Plaintiff Davila obtained a judgment in his favor of approximately $5...

Excerpt: ...esult, plaintiff was fired by PG&E after 20 years of employment . Plaintiff's residence faces Watchel Way. Behind his residence, his property extends beyond a private lane named Lois Lane. Each of the neighbors owns a portion of Lois Lane. Defendant owns the portion of Lois Lane that connects to Watchel Way and contains the point of ingress to Lois Lane. It was plaintiff's use of Lois Lane in constructing his pool with the PG&E equipment that gav...

Excerpt: ...06. Moving counsel is directed to contact Plaintiffs' 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Defendant's request for judicial notice of a prior ruling from this Court on March 24, 2021, in Dickerson v. Ford Mo...

Excerpt: ...Notice of Motion seeks Summary Judgment, and alternatively summary adjudication of the 7th cause of action for Quiet Title. However, the Separate Statement filed in support of the motion is limited to the 7th cause of action for Quiet Title, the Court construes the motion as limited to Summary Adjudication of the Quiet Title Claim. The Cross‐complaint alleges Vitulano purchased the subject Property in March 2014. Since March 2014, Vitulano live...

Excerpt: ... ("CDCR"), Folsom, and County of Sacramento created a dangerous condition of public property when they closed part of a roadway while a CDCR inmate crew worked on the sides of the road to perform weed abatement. Plaintiff Maria Luisa Hills walked on foot on the roadway, where she was subsequently struck by a car driven by Defendant Carolyn Vodoklys. Plaintiffs Maria Luisa Hills and her husband Barry Hillls' Third Amended Complaint alleges against...

Excerpt: ...litation (CDCR) and Kathleen Allison in her official capacity as Secretary of the CDCR from enforcing operational regulations that CDCR recently adopted on an emergency basis which increase certain prison inmates' earning rate of good conduct credit (the Regulations). As the Court explains below, the motion is denied. Amicus are 12 crime victims' rights organizations and the California District Attorney Association that have applied for leave to ...

Excerpt: ...0,326.00. The motion is denied as set forth below. The motion is not opposed. Wilmington moves to terminate Majidi's action as a sanction upon the ground that Majidi's entire First Amended Complaint (“FAC”) is frivolous and brought in bad faith because it is without any legal merit or factual and evidentiary support, and therefore it is maintained by Majidi for an improper purpose. Wilmington argues in general that Majidi commenced this actio...

Excerpt: ...atterson, LLP's motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. Defendants' request for judicial notice is granted to the limited extent that the Court will take judicial notice that during the business week ending Friday, February 2, 2018, the Dow Jones and the S&P 500 each decline approximately 4% and that the decline accelerated on Monday, February 5, 2018. Plaintiff does not oppose the reque...

Excerpt: ...noticed for May 21, 2021 which was the date agreed to by the parties. However, when Defendant indicated that he desired for the deposition to proceed by video due to COVID‐19 concerns, Plaintiff would not agree. Defendant's counsel then issued a notice of deposition for Defendant which set the deposition for May 20, 2021. Plaintiff's counsel informed Defendant's counsel that he was not available that day and that Plaintiff had priority to depos...

Excerpt: ...otice is granted to the limited extent that the Court will take judicial notice that during the business week ending Friday, February 2, 2018, the Dow Jones and the S&P 500 each decline approximately 4% and that the decline accelerated on Monday, February 5, 2018. Plaintiff does not oppose the request as limited. It does, however, oppose the request to the extent that it is construed as asking to accept the contents of two online articles are tru...

Excerpt: ...ion as an authorized representative of the Labor and Workforce Development Agency (LWDA) and similarly situated individuals who were employed by Defendants JS Folsom Automotive, Inc., Clifton Smith and Denise Dewy in California as non‐exempt employees from June 17, 2019 to June 15, 2021. The PAGA claims were premised on the alleged failure to pay overtime, failure to pay minimum wages, failure to provide meal and rest periods, failure to provid...

Excerpt: ...ons of Cross‐Complainants Joseph Perez and Business Alliance Insurance Company's cross‐complaint pursuant to CCP § 418.10 on the basis that Mr. Gordillo was never personally served with the summons and cross‐complaint. The proof of service purports to show that Mr. Gordillo was personally served in his individual capacity and also as agent for service of process for Emerald Patch on March 7, 2021 at 11735 Kouros Way (the “Property”) in...

Excerpt: ...al financial information. Defendants conditionally lodged unredacted versions of the documents on April 15, 2021. Defendants filed redacted versions of these documents the same day (ROAs 43, 44, and 46.) While Defendants lodged numerous documents conditionally under seal, the Tribe only moves to seal Exhibits G, R and T of Defendants' motion for summary judgment. According to the Tribe, these documents contain confidential financial information a...

Excerpt: ...on 7/7/21, two discovery motions on calendar on 7/14/21, two discovery‐related motions to seal on 8/26/21, and the three motions recently heard on 4/13/21, the Court on its own motion is appointing a discovery referee pursuant to Code of Civil Procedure § 639(a)(5) to hear all discovery motions in this case. As early as August of 2020, Court urged the parties to stipulate to a discovery referee in this case: The Court notes that in addition to...

Excerpt: ... the Motion for Attorneys Fees that had been rejected from filing on May 18, 2021. The Court has now received the motion for attorneys fees. 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 (...

Excerpt: ...Sharma by the duly appointed representative of the estates, Donald Singh ("plaintiffs") is a good faith settlement within the meaning of California Code of Civil Procedure section 877. On May 18, 2021, Judge Allen Sumner approved the compromise of claim of minor plaintiff Joselyn Sharma. (See ROA 18) On the evening of March 26,2019, Rosalyn and Shalvinesh Sharma, husband and wife, were involved in a motor vehicle accident while occupying a Ford F...

Excerpt: ...on. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐ 18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded 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 ...

Excerpt: ...otion, p. 2:10‐13; MPA, p. 2:13‐17, p. 9:23‐26.) In his memorandum of points and authorities, Collins also raises two additional objections: (1) that the complaint served upon him with summons was not complete because it did not contain exhibits referenced in that pleading; and (2) that he is not an agent for service of process upon himself. (MPA, p. 3:17‐27.) Plaintiff opposes the motion. Plaintiff's request for judicial notice is grante...

Excerpt: ...is denied as set forth below. TMS opposes the motion. TMS' request for judicial notice is granted as to the Formal Opinion No. 513 issued by the Los Angeles County Bar Association on July 18, 2005. Given the many individuals and firms involved, the Court will use summary references without titles in an effort to add clarity and economy and means no disrespect by this shorthand practice. The material operative facts do not appear to be in genuine ...

Excerpt: ...372 is likewise denied. 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. This action arises out of the alleged negligent mishandling of Plaintiffs' son's corpse. Plaintiffs' son, Brandon Michael Benecke ("Decedent"), was a 30‐year‐old man who was pronounced dead on or about May 22, 2019 whi...

Excerpt: ...) strike the Defendants' Answers, (2) preclude Defendants from introducing any testimony or opinions from June Paltzer, Ph.D, at trial, (3) require a jury instruction to the effect that Defendants intentionally concealed the first three pages of Defendants' defense counsel's work product report (Skillman report), and the jury can conclude that the omitted pages were unfavorable to Defendants. In the alternative, Plaintiff moves pursuant to Code o...

Excerpt: ...l Procedure section 1286.2(a)(5) states: “Subject to Section 1286.4, the court shall vacate the award if the court determines any of the following: (5) The rights of the party were substantially prejudiced by the refusal of the arbitrations to postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrators to hear evidence material to the controversy or by other conduct of the arbitrators contrary to the pro...