Excerpt: ... on September 21, 2021. Opposition was due by September 24, 2021. Defendant did not file its opposition until September 27, 2021. Nevertheless, the Court considered the opposition. This action involves multiple accidents that occurred on September 26, 2016, on the Yolo Causeway and three actions that have been consolidated. Defendant the Estate of David Miranda's motion for summary judgment is set for October 6, 2021. Plaintiff seeks to continue ...

Excerpt: ...o pay overtime, failed to provide meal periods, failed to provide rest periods, failed to provide accurate wage statements, failed to timely pay final wages, engaged in unfair competition, failed to reimburse expenses, violated the PAGA, failed to pay prevailing wages, and failed to pay reporting time. Plaintiffs have also alleged Defendants are liable for a civil penalties under the PAGA based on these violations. Defendants have denied all of P...

Excerpt: ... paid, laid out, and expended to or for Defendant at Defendant's special instance and request. Plaintiff's request for judicial notice is granted. The request for judicial notice shows that Plaintiff's request for admissions to Defendant were deemed admitted on February 28, 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 cau...

Excerpt: ...nsider these motions separately. Defendants' 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 of fact are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 (...

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 and others on July 15, 2020 (ROA 1.) ...

Excerpt: ...o move for an order that the parties are bound by the expert disclosures they have served. The motion is DENIED as follows. Trial was originally set in this case for April 14, 2020 and was continued to April 19, 2021. (Finelli Decl., ¶ 2.) At that point, the discovery cutoff date was March 22, 2021. On March 1, 2021, Defendants disclosed experts Andre Jardini, Gerald Murphy, and Patrick DeLangis. (Ibid., Exh. 1.) Two days later, on March 3, 2021...

Excerpt: ...ounsel 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 Arletha Mae Johnson (“Mrs. Johnson”), by and through her attorney‐in‐fact David Johnson, Jr., commenced an action in this Court by filing a c...

Excerpt: ...ainst after an investigator hired to investigate allegations of sex harassment found that he had committed sexual battery. The investigator, Ms.Lindgren, was an independent contractor hired to do the investigation District fired plaintiff over the findings of the investigation. Plaintiff alleges other facts concerning national origin harassment by a coworker but the motion does not address the claims arising from the harassment by the co‐worker...

Excerpt: ...ourt has jurisdiction to rule on the motion given the dismissal without prejudice. Defendant Sebright filed their supplemental brief and plaintiff's brief was due September 17, 2021. This motion was continued for several months to July 27, 2021 pursuant to CCP 437c (h). The court then continued the matter to August 31, 2021 for an update on the status of this case since no opposition to the motion was filed for the July 27 hearing date. Plaintiff...

Excerpt: ...fety Code section 11570. The case arose out of conditions at premises located at 1319 30th Street, Sacramento, California, then known as the "Econo Lodge." LEG Investments is the owner of the property that it leased to tenant 2002 Investors to operate the hotel business. The City's Complaint sought a permanent injunction against defendants to enjoin illegal drug activities and prostitution under the Uniform Controlled Substances Abatement Act, He...

Excerpt: ...ction 226.7 (unpaid rest premiums); (4) violation of Labor Code sections 1194 and 1197 (unpaid minimum wages); (5) violation of Labor Code sections 201 and 202 (final wages not timely paid); (6) violation of Labor Code section 226(a) (non‐compliant wage statements); (7) violation of Labor Code sections 2800 and 2802 (unreimbursed business expenses); and (8) violation of Business and Professions Code sections 17200, et seq. (Unfair Competition L...

Excerpt: ...to Plaintiff Monrell D. Murphy within 48 hours. The litigation coordinator is directed to have Plaintiff Monrell D. Murphy available at oral argument on September 23, 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 September 22, 2021. Appearance is required. The demurr...

Excerpt: ...lando Blackwell within 48 hours. The litigation coordinator is directed to have Plaintiff Orlando Blackwell available at oral argument on September 22, 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 September 22, 2021. Appearance is required. Defendants California Sta...

Excerpt: ...ms within 48 hours. The litigation coordinator is directed to have Plaintiff Tio Dinero Sessoms available at oral argument on September 22, 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 September 22, 2021. Appearance is required. Defendant Kenneth Rosenfeld's (“Ros...

Excerpt: ...Code and more. Plaintiff was formerly employed by AAA NCNU as a Sales and Service Associate and Trent was her former manager. In connection with her employment, Plaintiff signed an Arbitration Agreement in June 2011. (Radu Decl. ¶ 12, Exh. C) The Arbitration Agreement states that: “…Employee and NCNU agree that any and all disputes, claims, or causes of action, in law or equity, arising from or relating to Employee's employment… shall be r...

Excerpt: ...he course and scope of his employment with Defendant Reliance Intermodal, Inc. at the time of the incident. In his response to Defendants' form interrogatory 6.2 which asked Plaintiff to identify any injuries attributed to the incident, Plaintiff indicated that he suffered injuries to his mid and lower back “with radicular symptoms in his left buttock and left leg; decreased lumbar range of motion in all directions, associated with paid; decrea...

Excerpt: ...rtified documents from the Secretary of State reflecting the reinstatement no later than September 15, 2021. Plaintiff failed to file the documents. As the Court stated on the August 19, 2021, Plaintiff's suspension prevents it from prosecuting or otherwise participating in the instant lawsuit. (ROA 24) In reality, the motion to strike is therefore unopposed. Though, as seen below, even if the Court considered the opposition, it provides no basis...

Excerpt: ...all or any party of any pleading not drawn or filed in conformity with the law. (See Code Civ. Pro. § 436 (a)‐(c).) A motion to strike challenges portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐83; see also Code of Civ. Proc. § 437.) More specifically, a motion to strike should be granted to remove "any irrelevant, false, or improper...

Excerpt: ... Standard The Court must grant a motion for summary judgment 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...

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: ... state facts sufficient to constitute a cause of action. (See Code Civ. Proc. § 430.10(e).) Myers LLC'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 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Cons...

Excerpt: ...ssional 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.) Defendant specifically demurs to Plaintiff's second cause of action for intentional infliction of emotional distress (“IIED”) on grounds that it fails to state facts sufficient to state a cause of action. (See Code Civ. Proc...

Excerpt: ...ard's Demurrer to the First Amended Complaint filed by the plaintiff, Mitchell Development Enterprises, Inc. is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. On March 18, 2021 the Court sustained the demurrer to the 1st Amended Complaint, with leave to amend. Second Amended Complaint A 14‐count felony complaint was filed in 2013 against two of the plaintiffs corporate officers, alleging ...

Excerpt: ...nator is directed to have Plaintiff Monrell D. Murphy available at oral argument on September 23, 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 September 22, 2021. Appearance is required. The demurrer of the California Department of Corrections ("CDCR") to the First ...

Excerpt: ... contract” with FCA US LLC regarding a 2015 Chrysler 200 on February 14, 2015. (Comp. ¶ 15.) Plaintiff alleges that “[d]efects and nonconformities to warranty manifested themselves within the applicable warranty period, including but not limited to engine, transmission, and electrical.” (Id. ¶ 16.) Plaintiff alleges she delivered the vehicle to an authorized FCA US LLC repair facility for repair of the nonconformities but FCA US LLC was n...