Excerpt: ...im Williams. (FAC ¶ 13.) She also alleges that her step‐father, demurring Defendant John Black was a minister and that her mother, co‐Defendant Kelli Black was a member. Plaintiff alleges that Mr. Black moved in with her mother, Ms. Black when she was 11. (FAC ¶ 15.) Plaintiff alleges that Mr. Black sexually molested her from the time she was eleven in 1994 until the time she was 16. (FAC ¶¶ 15‐29.) She alleges that the abuse occurred i...

Excerpt: ...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. Plaintiffs' request for judicial notice of orders in other cases in federal district court actions and a decision from the Firs...

Excerpt: ...tractual relations on grounds that no evidence shows that any DDS employee 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 Pr...

Excerpt: ...Defendant on grounds he is an individual defendant and cannot be liable for retaliation and moves to strike paragraph 22 of the complaint on grounds it includes allegations barred by the statute of limitations. The motion is ruled on as follows. The parties' requests for judicial notice are granted. Plaintiff is a former employee of Defendant Sacramento County Sheriff's Department who provided some services to Defendant Elk Grove Unified School D...

Excerpt: ...d upon as follows. Moving counsel's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact 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...

Excerpt: ...final fairness hearing to be held on this date. (Code Civ. Proc., § 382, CRC Rule 3.769.) As required by the applicable Rule of Court, the Court shall conduct a final approval hearing to inquire into the fairness of the proposed settlement. (CRC Rule 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 ...

Excerpt: ... "Plaintiffs"), allege that Defendants 3 Point, Christopher MacPhail ("C. MacPhail"), and Dorothy MacPhail ("D. MacPhail") (collectively "the MacPhails") surreptitiously took partnership profits for their own personal gain without benefit to the partnerships. (See generally, Declaration of Dorothy C. Yamamoto in support of Plaintiffs' Motion to Compel Further Responses to Request for Production of Documents, Set Two, ["Yamamoto Decl."], 112, Ex. ...

Excerpt: ...PIC's Evidentiary Objections to the Declaration of Ahmad are sustained for the reasons stated in the evidentiary objections. The Court will sign the formal orders on the evidentiary objections after the ruling becomes final. EPIC moves for summary judgment, contending that it has no duty to defend or indemnify the TWT Cross‐Complaint on behalf of EJ Tires and Auto Repair, LLC or Ejaz Ahmad. EJ Tires contends in the opposition that EPIC is reall...

Excerpt: ...egal description of the property. The Court will require a certified deed with the purple stamp to be lodged with the Court if the motion is refiled. Plaintiff /cross‐defendant Nick Evans seeks summary judgment / summary adjudication against defendants and cross‐complainants James W. Evans, Carolyn Evans, and James R. Evans (collectively, "Defendants"). Plaintiff contends there are no disputed issues of material fact such that Nick is entitle...

Excerpt: ...fornia Rule‐ making, Office of Administrative Law ("OAL") File # 2017‐0209‐02SR, March 24, 2017, which enacted the challenged regulations; Exhibit C: California Assembly Floor Analysis of AB 433 as amended on August 13, 2013; Exhibit D: California Senate Floor Analysis of AB 433 as amended on August 13, 2013. Plaintiff challenges regulations enacted by the Office of the State Fire Marshall ("OSFM") pursuant to Section 11350 of the Californi...

Excerpt: ...“Slater Fire”) in September 2020 in Siskiyou and Del Norte Counties in California and Josephine County in Oregon. Plaintiffs allege that the Slater Fire was caused by Defendant's electrical equipment within its utility infrastructure which contacted or caused sparks to contact vegetation. (Comp. ¶ 2) Plaintiffs allege that the utility infrastructure was designed to pass electricity through exposed powerlines in vegetated areas, that Defendan...

Excerpt: ... 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”), et al.'s demurrer to self‐represented Plaintiff James Roots' complaint is sustained with leave to amend. Defendants' request fo...

Excerpt: ...e Property. Plaintiff alleges that a dangerous condition existed at the Property. Defendants move for summary judgment on the basis that Plaintiff cannot demonstrate that they breached any duty or care and also cannot show causation. In evaluating a motion for summary judgment or summary adjudication the Court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the iss...

Excerpt: ... 1117, 1138.) th Newberg on Class Actions (4th Ed.), the 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 Court. In reviewing a reques...

Excerpt: ...ill 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 “ex parte motion for order” is denied. The Court placed this motion on today's calendar on September 2, 2021, to be heard with Plaintiff's other two noticed mo...

Excerpt: ..., 2021. (ROA 460) Defendants sought terminating sanctions on the basis that Plaintiff refused to be deposed at her deposition and argued that discovery was closed. The Court rejected Plaintiff's argument that discovery was closed, at least with respect to her deposition as the parties' counsel had agreed to keep discovery open for Plaintiff's deposition. The Court declined to impose terminating sanctions but ordered Plaintiff to appear for her de...

Excerpt: ...hearing, via Zoom video or audio, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendant moves to set aside the default pursuant to Code of Civil Procedure section 473(b) on grounds that the court may, upon any terms that may be just, relieve a party from default taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect, and on grounds that it is...

Excerpt: ...gument on October 19, 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 19, 2021. Appearance is required. Plaintiff John Doe, a minor, by guardian ad litem Holly Webb, moves for an order compelling the attendance of incarcerated Defendant Andre Ragland at deposi...

Excerpt: ...endar to give counsel the opportunity for further meet and confer attempts. As noted in the Court's prior ruling continuing this matter, the motion had been filed on a two‐ day turnaround and without a full meet‐and‐ confer process. The parties met and conferred again prior to this hearing, however, and their Joint Statement represents that they were unable to resolve even a single aspect of their subpoena‐related disputes. The Court ackn...

Excerpt: ...attorneys' fees of $ $28,817.00, as well as a 1.5 lodestar multiplier (or $14,408.20), plus $5,000 in anticipated fees for likely future work on the Reply and appearing at the hearing, for a total amount of $48,225.50 to be awarded to Plaintiffs. This is a lemon law action alleging causes of action pursuant to the Song‐Beverly Consumer Warranty Act (“the Act”). Defendant General Motors LLC (“Defendant” or “GM”) opposes. According to...

Excerpt: ...ior to that hearing explained that the Court was declining to consider the last four pages of the moving papers because they exceeded the page limit. However, during the hearing, counsel explained that they had numbered the brief's pages so as to include the table of contents, table of authorities, and caption, which do not count toward the 15‐page limit stated in Rule of Court 3.1113. The Court will therefore proceed to analyze the substance o...

Excerpt: ...nt to state any cause of action against Defendants. Defendants' request for judicial notice is granted. The SAC alleges causes of action for (1) negligence, (2) concealment, (3) intentional misrepresentation, (4) total equitable indemnity, (5) implied indemnity, and (6) comparative contribution. The FAC alleged causes of action for (1) negligence, (2) concealment, and (3) fraudulent inducement. Background In August 2012, HBE Corporation (“HBE�...

Excerpt: ...ction in this court in which the defendants seek declaratory relief as to plaintiffs' entitlement to the relief requested herein. See Case No. 34‐2020‐ 00277329. The parties have not filed notices of related case in either case, nor have they sought consolidation. Background Plaintiffs allege they are entitled to be compensated for their services to 3650 REIT in assisting Defendants in their attempts to obtain a large investment from the Cali...

Excerpt: ...etable. At issue on this motion are Plaintiff's responses to Defendant's second set of special interrogatories and second set of request for production. There are approximately 190 interrogatories and 3 related requests for production and involve the sulfite or sulfur dioxide levels (“SO2”) of the allegedly damages wine. Defendant filed a voluminous 474 page separate statement and Plaintiff responded with a 969 page opposition separate statem...

Excerpt: ...Conditions and Restrictions (“CC&Rs”). The WBR consists of 237 homes which Plaintiffs allege is an equestrian community with a riding arena and trials. Plaintiffs allege that they purchased their home in February 2016 and moved in with their two horses. At the time they allege that the riding arena was in useable condition was regularly maintained by WBR. Plaintiffs allege that in October 2019 the Board of WBR stopped maintaining the riding a...