Excerpt: ...r deducting the time for breaks and scheduling discussion, Dr. Koett's counsel estimates the deposition yielded a total deposition time of one hour and 14 minutes. (Id.) Plaintiff's deposition was again noticed for July 31, 2019. (Id. ¶ 5, Exh. C.) Plaintiff did not appear for the deposition. Through meet and confer discussions with her husband, he claimed that the notice was inadvertently overlooked and the deposition was missed. (Id.) Dr. Koet...

Excerpt: ... 2019, when he was four years old, he was sexually assaulted by CDI employee, Christian Turks, in the bathroom of Raymond Case Child Development Center (“Case”), a state funded preschool, where Plaintiff was attending preschool. 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 knowl...

Excerpt: ...ly situated individuals who were employed and classified by Defendant Edward R. Marszal Enterprises, Inc. as non‐exempt in California during the time period of June 21, 2018 to the date the settlement is approved. The PAGA claims were premised on the alleged failure to pay minimum wages, failure to provide meal and rest periods, failure to reimburse necessary business expenses, failure to provide suitable seating, failure to provide accurate wa...

Excerpt: ...he State's construction of the Central Valley segment of the High‐Speed Rail System (the “Project”). Defendant Tutor Perini Zachry Parsons (TPZP) was hired by the State to construct a portion of the Project on Plaintiff's land. The State obtained an access easement across Plaintiff's land for purposes of constructing the Project. Plaintiff alleges that TPZP, at the direction of the State, installed infrastructure in the easement in excess o...

Excerpt: ...ing was set when the Court granted Defendant's ex parte application for an order shortening time to hear the instant motion. (Register of Actions (“ROA”) 686.) Following the February 4, 2021 hearing on Plaintiff's Motion for Summary Adjudication (hereinafter "Plaintiff's Motion"), this Court took the matter under submission, ordered supplemental briefing on certain limited issues, and thereafter affirmed the tentative ruling on April 15, 2021...

Excerpt: ...ent, breach of a verbal lease, breach of fiduciary duty, accounting, conversion, and more. Theis cross‐complained against Batchelor and his counsel alleging numerous causes of action premised on allegations that Batchelor mismanaged the LLC. Theis alleged causes of action against Gentry and Hughey Phillips for breach of fiduciary duty, legal malpractice and fraud. Theis alleged that Gentry and Hughey mishandled the winding up of Tillman LLC, im...

Excerpt: ...al lease, breach of fiduciary duty, accounting, conversion, and more. Theis cross‐complained against Batchelor and his counsel alleging numerous causes of action premised on allegations that Batchelor mismanaged the LLC. Batchelor & Co., LLC is also named in the cross‐complaint. Theis alleged causes of action against Gentry and Hughey Phillips for breach of fiduciary duty, legal malpractice and fraud. Theis alleged that Gentry and Hughey mish...

Excerpt: ...aving reviewed the Court's tentative ruling, which highlighted evidentiary gaps in Plaintiff's moving papers, Plaintiff at oral argument asked to file late evidence in the form of declarations, and the Court agreed to during oral argument and set a briefing schedule with both sides' input. The Court has now considered the late‐filed evidence and Defendant's objections thereto. Plaintiffs' newly‐proffered declarations do not materially change ...

Excerpt: ...e "with prejudice" rather than "without prejudice" and also seeks an award of attorneys fees pursuant to Civil Code 1717 in the amount of $18,630. On January 15, 2021 Plaintiff filed a Dismissal of Kaye Newton "without prejudice," after the Court had sustained her demurrer with leave to amend. On January 5, 2021, this Court sustained the Demurrer to Plaintiff KHM Holdings, LLC's Second Amended Complaint filed by Kaye Newton and John Cox in its en...

Excerpt: ... that Defendant systematically: (1) failed to provide accurate itemized wage statements; (2) failed to pay minimum wage for all hours worked; (3) failed to provide meal and rest periods; (4) failed to pay all wages at time of separation from employment; (5) failed to pay overtime wages; (6) failed to reimburse for business expenses; (7) engaged in unfair business practices; and (8) violated civil penalty provisions recoverable as PAGA penalties p...

Excerpt: ...ervices on behalf of Plan Sponsors and/or Plan Administrators' Plans. In its SAC, Plaintiff alleges that "in or around 2016, Defendants CCHI LLC and CCHI, FIELDS and Rich and Rich Services designed, advertised, marketed and sold an insurance product called "Simple Funded . . . . " (SAC, ¶21.) Plaintiff further alleges that Defendant Rogers also "helped design and implement the "Simple Funded" program along with CCHI and BRMS." (SAC, ¶24). Defen...

Excerpt: ...ement 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) 955 F.2d 1268, 1276; Van Bro...

Excerpt: ...ts' request for judicial notice is granted. The Court notes that the demurrer to the First Amended Complaint was filed February 23, 2021. However, the First Amended Complaint was not filed until March 4, 2021. The parties do not raise this anomaly as an obstacle to the Court's consideration of the demurrer, and both treat the moving and opposing papers as directed at the FAC filed after the demurrer and motion to strike. The FAC sets forth four c...

Excerpt: ...inal tentative ruling granting the motion. The Court's file reflects that the “sur‐reply” was filed at 4:17 p.m. on May 12, 2021. The Court continued the matter to today's date and permitted the parties to file additional briefing. The Court has considered the opposition filed by Defendant's employer, co‐defendant California Rural Indian Health Board, Inc., in addition to Plaintiff's response to Defendant's “sur‐reply.” Having consi...

Excerpt: ...forth below. Defendants' concurrent motion for monetary sanctions is granted in the amount of $1,776, pursuant to Code of Civil Procedure sections 2023.010(d), 2023.030(a), and 2025.450(g)(1). Plaintiff opposes the motion. Plaintiff Leslie Hagan commenced this action on May 5, 2017, alleging injuries arising from a motor vehicle accident that occurred on May 12, 2015. Defendants represent that on November 4, 2019, the parties stipulated to and ag...

Excerpt: ...2021. Defendant indicates that it has filed a concurrent request for judicial notice of the Exhibits attached to its Opposition, but the Court has not located such a request. The Court has reviewed the recorded documents that are the apparent intended subject of the request for judicial notice and finds that it could grant notice of the documents to the extent provided by case law. (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal. 4th 919, fn...

Excerpt: ...ivil Procedure sections 583.130, 583.410, and 538.420, and California Rules of Court, Rule 3.1342. The motions are denied as forth below. Plaintiff opposes the motion. The operative facts on the motion are well‐stated in Guckenheimer's initial points and authorities, and are substantially reproduced next. On May 2, 2018, ISS terminated Tyler's employment for insubordination. (ROA 1 and 269, Compl. 16, ROA 269.) On January 2, 2019, Plaintiff Cur...

Excerpt: ...owne alleges that dismissal of this action is required because Plaintiff has failed to bring the matter to trial within the mandatory five‐year period prescribed by Code of Civil Procedure section 583.310. This lawsuit was initiated on September 4, 2015. On November 9, 2015, Plaintiffs filed the first amended complaint, which added Plaintiff and her home to the list of allegedly defective homes that form the basis for this action. On July 7, 20...

Excerpt: ...because Plaintiff unduly delayed in adding BAE SDSR as a Doe Defendant, pursuant to Code of Civil Procedure section 474 and A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058. The motion is ruled on as follows. Plaintiff's first amended complaint (“FAC”) alleges causes of action for: (1) disability discrimination, (2) disability harassment, (3) unlawful retaliation in violation of the Fair Employment and Housing Act (“FEHA”), (4) f...

Excerpt: ...une 16, 2021. The Clerk shall fax a copy of this tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to plaintiffs Konanyah Yahlazar and Dion Anderson. The litigation coordinator is directed to have Plaintiffs Konanyah Yahlazar and Dion Anderson available at oral argument on June 16, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by p...

Excerpt: ...that Plaintiff's request for admissions to Defendant were deemed admitted on March 18, 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 of action or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. § 438(c)(1)(A).) The gr...

Excerpt: ...ourt acknowledges the "supplemental brief" filed by Plaintiff on June 9, 2021. (ROA 64.) The filing was untimely and will not be considered by the Court on that basis. Further, even if the Court were to consider the filing, Plaintiff failed to provide a declaration or request for judicial notice, etc., authenticating the purported evidence attached. Plaintiff voluntarily dismissed his lawsuit on April 1, 2021, before the hearing on the anti‐SLA...

Excerpt: ...t fee levied upon building permit applicants to assist in covering costs for new and existing water supply infrastructure. Plaintiff alleges that the Zone 40 Fee is invalid under the California Constitution and the Mitigation Fee Act (Govt. Code §§ 66000, et seq.) because it is not limited to the reasonable cost of the service for which the fee is being imposed. Plaintiff alleges that Defendant has failed to prepare the necessary analysis and h...

Excerpt: ...by Plaintiff California State Association of Counties Excess Insurance Authority, a California Joint Powers of Authorities (“Plaintiff”). Defendant/Cross‐Complainant Hartin & Hume, Inc. (hereinafter "Hartin") was the general contractor hired by Plaintiff to perform tenant improvements at the Subject Property. Sure‐Clean was hired by Hartin to apply Protectosil Aqua‐Trete to the exterior brick veneer of the Subject Property. (Declaration...

Excerpt: ... breach of contract, breach of fiduciary duty, fraud, misrepresentation, and other similar claims, and seeks damages for the alleged worker's compensation insurance overcharges, attorneys' fees, and expenses. The settlement class encompasses all current and former clients of FPI for whom FPI secured worker's compensation insurance in connection with managing Class Members' properties. The Settlement Agreement (“Settlement”) is attached as Exh...

Excerpt: ...tained as the result of a slip and fall while he was incarcerated at the Rio Consumnes Correctional Center on October 27, 2015. (Declaration of Jonathan B. Paul (“Paul Decl.”) ¶ 4.) The First Amended Complaint was filed on November 9, 2016. (Id.) It alleges that Defendant Deputy Florence Martin is liable for Negligence, Premises Liability, and Intentional Tort following Plaintiff's slip and fall within a bathroom. On November 9, 2016, a summ...

Excerpt: ...Judicial Notice (“RJN”), which attaches copies of court filings in this action, is unopposed and is granted. This lawsuit arises from a dispute related to Plaintiff Phoenix Enterprises, Inc.'s attempt to purchase membership interests of Defendant. Defendant Guardian Investment Capital, LLC (“Guardian”) and H16 Apartment Investors, LLC each own a 50% interest in Defendant. H16 Grupe Investors, LLC (“Grupe”) and H16 Local Investors, LLC...

Excerpt: ...ensated for her injuries due to the car accident, after having made an underinsured claim to her alleged insurer, Defendant CSAA. (See generally, Complaint.) In particular, the Complaint alleges that: On July 7, 2017, Plaintiff was injured in a traffic collision caused by another driver. As she was exiting Highway 50, approaching the intersection in her 2008 Honda Civic, intending to make a right‐hand turn onto Watt Avenue, the driver behind he...

Excerpt: ... California 95610 (“Subject Property”). Ms. Bissett inherited the Subject Property from her parents. (RJN, Exh. 1.) The Subject Property was encumbered by a First Deed of Trust in favor of Flagstar Bank, which was later assigned to Quicken Loans (“Loan”). (RJN, Exhs. 2, 3.) Ms. Bissett defaulted on the Loan and a Notice of Default was recorded against the Subject Property on March 20, 2019. (RJN, Exh. 4.) A notice of trustee's sale was re...

Excerpt: ...cates Series 2005. 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(D). Counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for...

Excerpt: ... motion to compel further responses to requests for production Nos. 1, 6, 8‐10, 11‐33, 41, 44, 54, 58, 59, 76 and 80. The requests related to Defendant's investigation and analysis regarding the subject defects and Defendant's warranty and repurchase policies. Defendant moves for reconsideration of the Court's Order as it relates to requests nos. 13‐24, 26‐33, and 59. It argues that since the Order, it has now conducted a preliminary sear...

Excerpt: ...e Court's tentative ruling system as required by Local Rule 1.06(D). Counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). This is a wage and hour action filed by Plaintiff, alleging causes of action for (1) unfair competition in violation of Busines...

Excerpt: ...Code section 51.5 on grounds that both fail to state facts sufficient to constitute a cause of action. Defendants requests for judicial notice are granted. Plaintiff's FAC alleges that Defendant discriminated against him on the basis of his sex when Plaintiff viewed a BananaRepublic.com website email promotion in or around May 2020 advertising different percentage discounts for women's and men's styles available to be claimed by costumers. (See F...

Excerpt: ...Jr., in a JAMs arbitration. The arbitration was conducted by a three arbitrator panel (Honorable Ignazio Ruvolo (ret.), the Honorable Joseph Biafore (ret.) and the Honorable Richard Silver (ret.)). In the Final Award, the Panel rejected all of Plaintiff's claims against Defendant and awarded Defendant $1,202,453.14 in reasonable attorneys' fees and costs. By way of background, Plaintiff commenced an action in this Court by filing a complaint agai...

Excerpt: ...n June 26, 2019 stipulation for settlement reached at the mandatory settlement conference conducted by Judge Davidian on June 25, 2019. Pursuant to that agreement, Defendants were to make certain payments to Plaintiffs, including a $5,000 payment when Plaintiffs vacated the Property. Title to the Property was to remain in Defendants' names. Defendants were to “refinance the existing mortgage or sell [sic] payoff all current liens in the name of...

Excerpt: ...orders from other Superior Courts in California 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 true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff filed this lemon law a...

Excerpt: ...rruled. Objections 2, 3, 4, 5, medical records: Overruled. Plaintiffs First Amended Complaint alleges a single causes of action for medical malpractice against defendants for "failure to examine, failure to diagnose" plaintiff's subdural epidural abscess, "failure to treat, negligent discharge, negligent referral, failure to obtain informed consent for non‐treatment, and failure to stabilize before discharge." Plaintiff alleges she suffered per...

Excerpt: ...s he was dismissed as a third‐year medical student at the University of California, Davis School of Medicine (UCDSOM) after a third unsuccessful attempt to pass the United States Medical Licensing Examination (USMLE) Step 1 examination, a requisite to progressing through the program. He alleges UCDSOM had a policy or practice, or both, of granting students a fourth attempt at their USMLE Step 1 or Step 2 Exams that was not made explicit to stud...

Excerpt: ...de sections 1152 and 1154 is sustained for purposes of the demurrer based upon Plaintiffs' apparent evidentiary purpose for its submission. Plaintiffs commenced this action against City on September 14, 2020, alleging four causes of action related to the Plaintiff's real property: (1) inverse condemnation; (2) trespass; (3) negligence; and (4) breach of contract. The Plaintiffs allegations are summarized as follows. Plaintiffs own real property s...

Excerpt: ...nd 4 (“RPD”), is granted in part as set forth below. Landlord's concurrent motion for monetary sanctions in the amount of $1,356.00 pursuant to Code of Civil Procedure section 2031.300(c) is denied as set forth below. Landlord's motion states that it is made in part pursuant to Section 2031.300 which states the procedure applicable when a party fails to timely respond to a request for inspection. However, Landlord's motion is not made upon th...

Excerpt: ...truction Innovations Group, LLC, Rex Moore Group, Inc., Rex Signature Services, LLC, and Rex Moore Electrical Contractors & Engineering Inc.'s (collectively, “Defendants”), to pay for all hours worked, including, but not limited to, pre‐ and post‐shift work, mandated duties, and assignments; failure to provide meal and rest periods or premium wages in lieu thereof; failure to reimburse for necessary business expenses; failure to provide a...

Excerpt: ...levant part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived b...

Excerpt: ...oticed motion and set the matter for today's calendar. The Court considered DPR's "sur‐reply" filed on May 6, 2021. While there is no provision in the Code of Civil Procedure permitting such a filing, the Court considered the document to address any argument by DPR that it was deprived of due process to the extent that SVO's reply brief raised new arguments and cited new authority. SVO seeks an order compelling DPR Construction's (“DPR”) cu...

Excerpt: ...use of action is denied. Plaintiffs Evidentiary Objections to the Declaration of Nunley are sustained as to Nos. 1 and 2, and overruled as to Nos. 3 and 4. The Court will sign the formal order on the objections after the final ruling on the motion. Defendant's 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. ...

Excerpt: ... of action for breach of contract and for common counts. The action arises from allegations that Defendant failed to make the required payments pursuant to a motor vehicle lease agreement. Plaintiff alleges that the subject lease was assigned to it and that it is the owner of the leased vehicle. Defendant demurs to all of the causes of action. At the outset, the Court rejects Plaintiff's argument that the demurrer should not be considered as it i...

Excerpt: ... dementia. They allege Jo Anne Scoggins was assaulted and battered by Defendant Lindie Thomas in the kitchen of Silver Pines, causing her to fall to the ground, fracturing her hip. Lindie Thomas is alleged to have told an employee of Defendants that Debbie Loesch told her that "slides" do not have to be reported. Lindie Thomas instructed the employee to characterize the incident as a "slide" rather than a fall, and to not report the fall. The fal...

Excerpt: ...on to compel arbitration; finding that the RISC contained an arbitration provision requiring arbitration of any claim or dispute related to the vehicle and/or the RISC. (Order of 9/26/19, Register of Actions (“ROA”) 13.) That Order further provided, in pertinent part: The motion to compel is granted. (See, e.g. Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899.) The dispute between Petitioners and Pars Auto Wholesale, Inc. or Westlak...

Excerpt: ... Documents, and to have Requests for Admission (“RFAs”) deemed admitted. Defendant also seeks monetary sanctions in the amount of $2,100.00. The motion is ruled on as follows. Defendant served the subject discovery on February 16, 2021. The responses were due on March 22, 2021, and Defendant granted Plaintiff's counsel's request for a tenday extension to provide responses. Thereafter, however, no responses were forthcoming. This motion follow...

Excerpt: ...ependent Elder Abuse and fraud. In the instant motion, Defendants demur to the Third Cause of Action for Fraud. Plaintiffs allege that Jason Hopkins (the "Decedent") was taken to the emergency room at Rideout Hospital on July 18, 2018. Plaintiffs are the Decedent's heirs. Plaintiff Heaven Hopkins is the Decedent's daughter. Plaintiffs Samantha Miller and Faith Turner are also the Decedent's daughters. Given their age, guardians as litem have been...

Excerpt: ...TAINED, with leave to amend. Plaintiff is an insurance salesman who allegedly worked for Defendants. He alleges that Defendants failed to properly compensate him. (See generally, FAC.) The FAC asserts causes of action for: (1) breach of contract, (2) defamation, (3) Intentional Infliction of Emotional Distress, (4) Tortious Interference with Business Relationship; Intentional Interference with Prospective Economic Relations, (5) Negligent Interfe...