Excerpt: ...California Rural Indian Health Board, Inc. (“CRIHB”) which also allegedly owned the vehicle Defendant was driving. Plaintiff alleges that Defendant left the scene and was ultimately charged with a felony hit and run and a misdemeanor for making a false police report. The Court considered Defendant's opposition despite Plaintiff's argument in reply that it was untimely served. Plaintiff was able to file a complete reply. At issue on the instan...

Excerpt: ...ion, whistleblower retaliation in violation of Labor Code § 1102.5 and also a claim under Private Attorneys' General Act of 2004 (“PAGA”). Plaintiff alleges that she was sexually harassed while she was an employee of Sprouts in Vacaville. Plaintiff began her employment with Sprouts in May 2019 and her employment ended in August 2020. While the bulk of plaintiff's complaint focuses on conduct during her employment with Sprouts, she also alleg...

Excerpt: ...ge that J.C. Feagins, IV (the “Decedent”) was in custody at the Sacramento County Main Jail, that Defendant “negligently, unlawfully and carelessly owned, operated” the Jail, that defendant failed to exercise ordinary care and that as a result, the Decedent passed away. (Comp. ¶¶ 14‐21) Defendant moves for summary judgment on the basis that it is immune as a public entity. Defendant cites to Government Code § 815(a) that provides tha...

Excerpt: ...ge that they are officers and directors of Sacramento A‐1 Door (“A‐1 Door”) that were engaged in the process of selling the company's assets. They allege that the relied on InterWest Insurance Services, LLC, Mike McStocker, and Marie Lavana (collectively “Defendants”), their insurance brokers, to obtain ongoing Directors & Officers insurance coverage for A‐1 Door after the sale of the company's assets. Carolina issued the Directors ...

Excerpt: ...e 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 Cir. 1992) 95...

Excerpt: ...each of fiduciary duty, negligent misrepresentation, and intentional misrepresentation fail to state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10(e), since they are time‐barred by the applicable statute of limitations set forth in Code of Civil Procedure section 340.6(a) and do not relate back to the filing of the original complaint. Defendants allege that the addition of Plaintiff Joe's Logistic...

Excerpt: ..., LLC; and S360 Properties' (collectively, “ACC Cross‐Complainants”) amended cross‐complaint (“ACC”). The demurrer 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). Cross‐Defendants is directed to immediately provide notice to ACC Cross‐ Complainants of the tentative ruling system and to be available at the hearing, via Zoom video or audio...

Excerpt: ...) Here, judgment was entered on January 25, 2021. (ROA 114, 115.) The Court declines to consider the motion as a motion for a new trial under Code of Civil Procedure section 657. Plaintiff has failed to show accident, surprise, newly discovered evidence, or an error of law. To the extent the motion is a motion for relief pursuant to Code of Civil Procedure section 473(b), the motion is also not persuasive. Code of Civil Procedure section 473 (b) ...

Excerpt: ...e April 13, 2021 calendar and allowed plaintiffs to file and serve a supplemental expert declaration on or before April 27, 2021 and for defendants to file and serve a response to the supplemental declaration by May 4, 2021. Plaintiff alleges defendants were negligent in failing to diagnose a benign brain tumor. The defendants jointly and individually move on the following grounds: 1)The defendants, individually or vicariously, complied with the ...

Excerpt: ...ge and hour action brought by Plaintiffs on behalf of a class of approximately 851 similarly situated individuals. On July 20, 2018, Plaintiff Johnson filed a representative action (the "PAGA Action") (Case No. 34‐2018‐00237292) in the Superior Court of California, County of Sacramento, against Summit Funding, Inc. (“Defendant”) on behalf of herself and other current and former aggrieved employees under the Private Attorneys General Act o...

Excerpt: ...class of approximately 468 similarly situated individuals. Plaintiff's claims are based on defendant The Sygma Network, Inc.'s (“Defendant”) purported failure to pay for all hours worked, failure to provide rest periods, failure to provide accurate wage statements, failure to pay all wages owed at the time of termination or separation, and failure to pay sick time at the regular rate of pay. Plaintiff further alleged Defendant's policies and ...

Excerpt: ...of race and disability discrimination, failure to pay overtime wages, waiting time penalties, wrongful discharge, unfair business practices, negligence, breach of contract, breach of implied covenant of good faith and fair dealing. (See generally, FAC (Register of Actions (“ROA”) 49).) Defendants demur to the fifth cause of action (Race and Disability Discrimination in violation of the Unruh Civil Rights Act (§§ 51, 52.1) and Bane Act, and ...

Excerpt: ...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 Bank (1990) 220 Cal.App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the authoritative treati...

Excerpt: ...ations Code Section 17709.02 , is granted in part as set forth below. Charles Somers and Somers Trust move for security upon the ground that plaintiff Montelena Douglas Physicians, LLC “is more likely than not to fail to succeed on any derivative claim which will benefit the Defendant Douglas Cordova Commercial, LLC or its members, and because a security bond in the amount of $50,000 is reasonable in light of the expenses already incurred and t...

Excerpt: ... and hour action when she filed her complaint against ENS on December 3, 2020. Plaintiff alleges numerous causes of action pursuant to Labor Code § 2698 et seq. (Private Attorneys General Act of 2004 [“PAGA”].) Plaintiff alleges that ENS violated numerous provisions of the Labor Code through misclassifying non‐exempt employees as exempt and then failing to pay wages, failing to provide meal period compensation, failing to permit rest break...

Excerpt: ...Tuolumne Drive in Sacramento. Defendant seeks leave to file a cross‐complaint alleging causes of action for breach or oral contract, promissory estoppel, unjust enrichment and fraud in connection. The proposed cross‐ complaint is premised on certain alleged agreements and promises made with respect to the down payment Defendant made to purchase the subject property and repairs that she made. Defendant contends that she did not file the cross�...

Excerpt: ...possession of [CYSA] under the lease for the real property commonly known as the Cherry Island Soccer Complex (“Cherry Island”) with [Defendant] dated April 10, 2012” pending the hearing on the OSC. In the operative verified first amended complaint filed on April 14, 2021, CYSA alleges causes of action for “anticipatory breach of contract and injunctive relief,” “declaratory relief and injunctive relief”. CYSA also includes a “pet...

Excerpt: ...Abuse, Negligence Per Se, Unfair Business Practices, Fraud, and Constructive Fraud. Plaintiff alleges that he was neglected while at Defendants' Adult Residential Facility. Plaintiff alleges that he is a 38 year old developmentally and physically disabled adult. (Comp. ¶ 2.) He alleges that he suffers from Cornelia de Lange Syndrome, a genetic disorder which causes a broad range of challenges. He alleges that as a result of the syndrome he was a...

Excerpt: ...om 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 appointed for Samantha and Faith Turner. The Decedent was an alcoholic and had a .25 Blood Alcohol Level when he arrived. Plaintiffs allege that the Decedent was left alone despite being in a �...

Excerpt: ...d on September 25, 2020. (See ROA 133.) On February 24, 2021, the Court granted Defendant's motion to set aside the default of Defendant on the basis that he had not been served with the summons and complaint. (See Code Civ. Proc. § 473.5 (“When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve a...

Excerpt: ... 2020, Defendant served a subpoena on Plaintiff and Plaintiff's cellphone provider, Boost Mobile c/o Sprint Corporation, seeking relevant phone records over the duration of Plaintiff's employment. (Blueford Decl. ¶ 4.) Plaintiff never served objections to or sought to quash the subpoena. (Id. ¶ 5.) Boost Mobile, through counsel, informed Defendant on or about February 1, 2021, that it would only release the phone records after Plaintiff signed ...

Excerpt: ...immediately provide notice to Defendant's counsel of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Defendant's counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff moves for summary judgment on the grounds that there is no defense to the complaint, no triable issue of material fact, and no defense to any material fact, and that Plaintiff's evidence esta...

Excerpt: ...t the time, Defendant Brumley was employed by Defendants Choice Coffee Services and Daiosh U.S.A., Inc. (“Employer Defendants”). Employer Defendants have admitted that Defendant Brumley was acting in the course and scope of his employment when he struck Plaintiff's vehicle. Employer Defendants are vicariously liable for Plaintiff's injuries and damages caused by Defendant Brumley. Plaintiff alleges injuries including low back pain, neck pain,...

Excerpt: ... policy and the Tom Bane Civil Rights Act. Defendant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not “relate back” to Plaintiff's original complaint, and thus the actions are barred by the statute of limitations. Plaintiff's claims arise out of his termination by Defendant on December 20, 2017. On December 12, 2018, Plaintiff filed his origina...

Excerpt: ...inst public policy and the Tom Bane Civil Rights Act. Defendant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not “relate back” to Plaintiff's original complaint, and thus the actions are barred by the statute of limitations. Plaintiff's claims arise out of her termination by Defendant on December 20, 2017. On December 12, 2018, Plaintiff filed ...

Excerpt: ...he County has filed two identical motions for protective order, one in each case. The court is issuing the same ruling in each case. (See ruling in Case No. 2020‐00288731) This is a nuisance abatement action in which Plaintiff County of Sacramento alleges that Defendants have constructed an Accessory Dwelling Unit ("ADU") on certain real property in Fair Oaks without the requisite building permits, in violation of numerous provisions of the Cou...

Excerpt: ...ndant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not "relate back" to Plaintiffs original Complaint, and thus the actions are barred by the statute of limitations. Plaintiffs claims arise out of his termination by defendant Zurich American Insurance Company on December 20, 2017. On December 12, 2018, Plaintiff filed his original Complaint against...

Excerpt: ...al. v. The California State Grange, et ai. Case No. 34‐2012‐00130439.) CSG's Evidentiary Objection to the Declaration of Kevin Kasnick are sustained. The evidentiary objections to the Deposition of Betsy Huber (Fayard Decl.) are overruled. EG Guild's Evidentiary Objections to the Declaration of Herman are overruled. In its Complaint, CSG alleges the following cause of action: 1st cause of action Declaratory Relief, 2nd cause of action Cancell...

Excerpt: ...he County has filed two identical motions for protective order, one in each case. The court is issuing the same ruling in each case. (See ruling in Case No. 2020‐00287693) This is a nuisance abatement action in which Plaintiff County of Sacramento alleges that Defendants have constructed an Accessory Dwelling Unit ("ADU") on certain real property in Fair Oaks without the requisite building permits, in violation of numerous provisions of the Cou...

Excerpt: ...d 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. (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 acc...

Excerpt: ... sexual and racial harassment and a cause of action for wrongful termination in violation of public policy. Plaintiff, who is an African‐American female worked for Defendant Capitol Area Development Authority (“CADA”) as a leasing agent for three years. She alleges that her superiors discussed their sex life around her, made derogatory racial comments and displayed offensive pictures. (FAC ¶¶ 18, 19.) She alleges that she was sometimes re...

Excerpt: ...ation, assault, and battery. Plaintiff alleges that Defendant ISS Facility Services, Inc. (“ISS”) was his employer. Plaintiff also “sues fictitious defendants Does 1 through 50 . . . because their names and/or capacities and/or facts showing them liable are not known presently.” (FAC ¶ 5.) Plaintiff alleges the Doe Defendants were “the agent and/or employee of every other defendant acting within the course and scope of said agency and/...

Excerpt: ...uld pay Hartin & Hume $12,000 in exchange for a dismissal of Hartin & Hume's cross‐complaint. Though there is no written settlement agreement, DCD now moves to “enforce” the oral settlement pursuant to CCP § 664.7 and requests that the Court order Hartin & Hume to sign a written settlement agreement, accept tender of $12,000, and dismiss the crosscomplaint. DCD also seeks sanctions. Hartin & Hume oppose the motion on the basis that the Cou...

Excerpt: ...iability. By way of the instant motion it moves to compel the Director of the Employment Development Department (“EDD”) and the Executive Director of the California Unemployment Insurance Appeals Board (“CUIAB”) to various forms of written discovery. The Court previously denied Defendants' motion for a protective order in which they requested that they need not respond to discovery until Plaintiff has been found to state a valid cause of ...

Excerpt: ...cal repair and maintenance services Plaintiff allegedly provided at various prisons. Plaintiff alleges that it subcontracted with Vistam to provide electrical services at several of the CDCR's facilities and that Vistam failed to pay as agreed. Plaintiff alleges breach of contract causes of action against Vistam in addition to various common count causes of action, stop notice causes of action and a cause of action for failure to provide a bond. ...

Excerpt: ... provisions of the County Code. Plaintiff seeks injunctive relief requiring Defendants to obtain the requisite permits or alternatively to remove the structure. This matter was continued from April 1, 2021 after Plaintiff filed an “objection” just prior to the hearing indicating it had not been served with the demurrer and only discovered it by checking the Court's website. The Court continued the matter to permit the filing of an opposition....

Excerpt: ...e § 17200; (4) violation of Business & Professions Code § 17500; and (5) declaratory relief. Plaintiff alleges that Defendant improperly assesses numerous insufficient funds fees (“NSF fees”) on a single item. (FAC ¶ 1.) Plaintiff alleges that the subject Account Agreement and Fee Schedule (“Account Agreement”) provided that Defendant would charge one NSF fee for an item that was returned one or more times for insufficient funds but th...

Excerpt: ...oom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendants V. Penmetcha, M.D., A. Johnson, M.D., and S. Hill (collectively, “Defendants”) demurrer to Plaintiff Mervin LeRoy's (“Plaintiff”) First Amended Civil Complaint (“FACC”) is sustained with leave to amend. Plaintiff's currently‐operative “First Amendment Civil Complaint” (“FACC”) is actually the Second Amende...

Excerpt: ...n" or “the company”) and that on August 1, 2017, they entered into an agreement to sell their shares in D.Y. Calison to Amber and Robert Sykosky (the "Sykoskys"). That the sale closed on September 1, 2017. Prior to the sale, D.Y. Calison had obtained workers' compensation insurance from a carrier called Berkeley Net through Defendant. In obtaining the insurance policy, the Yaws told Defendant that they were selling D.Y Calison to the Sykoskys...

Excerpt: ...s on the premises where the model homes were sold, i.e., the “Fireside” development. Plaintiff alleges that Defendant's guards were often late and failed to comply with check‐in procedures, including at the exact date and time of Plaintiff's assault. Plaintiff also alleges that there had previously been concerns raised to Defendants regarding the behavior of the very man who eventually did allegedly assault Plaintiff. (See generally, Pl.'s ...

Excerpt: ...eviously, Plaintiff moved to compel Defendant to provide full and complete responses to certain requests for production (set one). The Court granted the motion, but narrowed the scope of the requests. The subject requests, Nos. 1, 13, 17, 20, 22, 70, 74, and 75 related to Defendant's investigations and analysis regarding the Defects. Defendant had interposed numerous objections, which the Court overruled. In its Order of 1/14/21, the Court held t...

Excerpt: ...mands for Production Set Four, is ruled upon as follows. This case arises out of a collision between a golf cart and a two‐year‐old boy at the 2018 Dixon May Fair. The golf cart was allegedly owned by Defendant Professional Event Services (“PES”) and was being driven by Defendant John Meek. While traveling through a concert venue at the fair venue, Mr. Meek drove the golf cart into and over Plaintiff David S. Cruz Abundio ("Plaintiff'), a...

Excerpt: ...on as follows. Plaintiff alleges he was an employee of Acana Management beginning in or around June of 2015, and worked as a laborer until his wrongful termination on or about May 6, 2016 due to a perceived disability after he suffered a torn meniscus. Plaintiff alleges nineteen causes of action arising out of his employment. He alleges claims under FEHA, the Labor Code, and common law. In the instant motion, Plaintiff asserts that “Defendants ...

Excerpt: ...GRANTED with respect to Dr. Shorr and Dr. Barchuk. Defendants Faryal Michaud, D.O., and Robert Dias, M.D., oppose the motion. Defendant Dignity Health also opposes. This ruling refers to Drs. Michaud, Dias, and to Dignity Health collectively as “Defendants.” In this medical malpractice action, Plaintiff alleges a single cause of action for medical malpractice against Defendants relating to his stay and treatment at Mercy General Hospital from...

Excerpt: ...ourt on September 15, 2017. (See ROA 9.) On December 4, 2019, Plaintiff dismissed all individual defendants. On March 10, 2020, the federal court granted Plaintiff's motion to amend her complaint, in part, and dismissed Plaintiff's fourth and fifth causes of action for discrimination and retaliation in violation of the Family Medical Leave Act (“FMLA”), and remanded the case back to this court. Defendant now seeks summary adjudication on each...

Excerpt: ...ners (1976) 11 Cal.3d 2, The contradiction between prior discovery responses, here interrogatories, and the current declaration must be clear and unambiguous, not fragmentary or equivocal responses made during the prior discovery. Price v Wells Fargo Bank (1989) 213 Cal.App.3d 465, 482; Benvenidez v San Jose Police Dept. (1999) 71 Cal.App.4th 853, 861‐862. The Court finds that the interrogatory responses, which describe among other things her m...

Excerpt: ...specifying the sanctions sought, nor providing a supporting declaration. This action arises from an alleged incident which occurred on March 22, 2020 at the Walmart in Folsom, California. Plaintiff had placed two packs of toilet paper in her shopping cart in violation of the Covid‐19 limit of one pack of toilet paper per customer. Plaintiff contends she was assaulted and battered by the store's Assistant , defendant Andy Litsas, when he removed...

Excerpt: ...ion to a cause of action for violation of Business and Professions Code § 17200 which is premised on the Song‐ Beverly Act violations. Defendant moves to compel arbitration of Plaintiff's complaint pursuant to an arbitration provision contained an online Motor Vehicle Purchase Agreement (“MVPA”). The subject provision in the MVPA, which is set apart from other provisions, reads as follows: Agreement to Arbitrate. Please read this provision...

Excerpt: ...evard in which Plaintiff Mahmoud Khattab. M.D. (“Dr. Khattab”) and Plaintiff 9250 Big Horn Holdings, LLC (“Big Horn”) entered into a construction agreement with Defendants and Sheba Construction, Inc. (“Sheba Construction”), whereby Defendant would serve as the project developer for the building's construction and Sheba Construction would act as the general contractor. At issue on the instant motion are Plaintiffs' third and fourth ca...

Excerpt: ...nd for trespass. Plaintiff alleged that it was formed in May 2017 to engage in the ownership, development and leasing of real property. Provident Trust Group, LLC Custodian FBO William Lauth IRA was the majority member with 81.25% of the membership interests and Defendant owned the remaining 18.75% membership interests. Plaintiff is a managed the LLC and the elected manager has the exclusive authority to manage Plaintiff's business. Plaintiff's s...