Excerpt: ...y 14, 2021, because Plaintiff filed a notice of motion but the Court did not have the full set of briefing. The Court continued the hearing to allow Plaintiff to submit the full briefing served on CalOES. Plaintiff also seeks $5,312 in sanctions. The motion is ruled on as follows. Plaintiff filed a declaration from Nationwide Legal, LLC, explaining how the documents were not filed with the Court. (Oberlink Decl.) The full briefing was filed on Ju...

Excerpt: ...e motion is ruled on as follows. Plaintiff filed his complaint on March 27, 2019, alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) specific performance. Legal 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 ...

Excerpt: ...eposition of the Person Most Knowledgeable ("PMK") from Plum Healthcare Group, LLC Regarding the Management Agreement Between GI Partners and Plum Healthcare Group LLC is denied. Plaintiffs Gerard Follettie, by and through his successor‐in‐interest, Gerard Joseph Follettie; Gerard Joseph Follettie, individually, Gary E. Follettie, individually, Cindy Lehr, individually; and Kimberly G. Phipps, individually (collectively, “Plaintiffs”) opp...

Excerpt: ...titutions Code § 15600, et seq., (2) Violation of Patients' Bill of Rights under Health and Safety Code § 1430(b), and (3) Wrongful Death. Moving parties seek to strike the claim for attorneys fees under CCP 1021.5 and language concerning injunctive relief under the Violation of Patient's Bill of Rights cause of action. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Cour...

Excerpt: ... of the notice of class action settlement to the Class, (5) appointing the proposed Settlement Administrator, (6) appointing the Class Representative, (7) appointing Class Counsel, and (8) setting a hearing for final approval of the settlement. Background Plaintiff was employed by Defendants as a nonexempt Licensed Vocational Nurse/House Supervisor at Valley Recovery Center in Sacramento from on or about February 2018 to May 2018. Plaintiff's mai...

Excerpt: ...nt for breach of partnership agreement, breach of fiduciary duty, dissolution of partnership and for an accounting. Defendant has filed a crosscomplaint against Plaintiff. At issue on the instant motion are Defendant's responses to certain form and special interrogatories propounded by Plaintiff. Special Interrogatories Nos. 1, 2, 4, 5, 7, 8, 10, 11, 13, 14, 16, 17, 19, 20, 22, 23, 25, 26, 28 and 29. The motion is granted in part as set forth bel...

Excerpt: ...e floor being wet. Plaintiff alleges causes of action for negligence and premises liability. On January 26, 2021, this Court granted Defendant's motion to deem the matter in its request for admissions (set one) to Plaintiff Kay Lewis admitted. The admissions asked Plaintiff to admit that there was a wet floor sign at the scene of the incident, that she saw the wet floor sign, that she was in a hurry, walking fast and wearing heels. She was also a...

Excerpt: ...dant's representative and Plaintiff's Union is granted. In this putative class action, Plaintiff alleges numerous causes of action premised on alleged violations of the Labor Code. Plaintiff alleges that he was employed by Defendant as an hourly, non‐exempt cement truck driver. (Comp. ¶ 9.) The various Labor Code causes of action are premised on allegations that Defendant failed to pay minimum wages, failed to pay overtime, failed to provide m...

Excerpt: ...juga PAGA Notice Letter to the LWDA, and Plaintiffs' Notice Letters to the LWDA, is unopposed and 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. Dep't 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. Department of Consumer Affairs (2012) 20...

Excerpt: ...leged "defects" during the warranty period. (See generally id.) Plaintiffs' First Amended Complaint (“FAC”) asserts claims against GM for violations of the Song‐Beverly Consumer Warranty Act and fraudulent inducement‐concealment. The FAC alleges that on or about June 14, 2019, Plaintiff purchased a 2018 Chevrolet Silverado, VIN 1GCVKREH3JZ360864 (the "Subject Vehicle" or "Chevrolet"). (FAC ¶ 4 ‐5.) Fraud and Specificity GM contends tha...

Excerpt: ... it will grant final approval of the class action settlement, subject to certain conditions, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the ev...

Excerpt: ...on for a Protective Order to Prevent the Deposition of the Person Most Knowledgeable ("PMK") from Plum Healthcare Group, LLC Regarding the Management Agreement Between GI Partners and Plum Healthcare Group LLC is denied. Plaintiffs Gerard Follettie, by and through his successor‐in‐interest, Gerard Joseph Follettie; Gerard Joseph Follettie, individually, Gary E. Follettie, individually, Cindy Lehr, individually; and Kimberly G. Phipps, individ...

Excerpt: ...l notice of the complaint filed in this action is granted. Defendants allege Plaintiff's seventh cause of action for premises liability against Moving Defendants fails as a matter of law because they did not owe Plaintiff any duty to take affirmative action to control the wrongful acts of a third party, and because Plaintiff has no evidence of any facts tending to prove Moving Defendants owed Plaintiff any duty to take affirmative action to contr...

Excerpt: ...he Property”). The motion is ruled on as follows. Defendant/Cross‐Complainant Civic Financial Services, LLC, and HMC Assets LLC, solely in its capacity as an administrator of Civic Holdings I Trust's (collectively, “Civic” or “Civic Financial”) 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...

Excerpt: ...8, 2014, through July 10, 2021 or the date preliminary approval is granted, whichever occurs earlier. (Han Decl. ¶ 10.) On May 28, 2018, Richard Baretich filed a class action complaint in San Diego County Superior Court (Case No. 37‐2018‐00024796‐CU‐OE‐CTL), alleging 8 causes of action: (1) violation of Labor Code sections 510 and 1198 (unpaid overtime); (2) violation of Labor Code sections 226.7 and 512(a) (unpaid meal period premiums...

Excerpt: ...g system, as required by Local Rule 1.06. Moving 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. Background For purposes of this demurrer, the relevant facts alleged are as fo...

Excerpt: ...y were "victims of unlawful sexual harassment, sexual assault, abuse, bullying and other misconduct" by multiple students of San Juan Unified School District. They are represented by their guardians ad litem, T.W. ROE and K.D. ROE respectively. Plaintiffs allege that defendant negligently supervised the perpetrators who allegedly assaulted plaintiffs from August 2018 to June 2019. Defendant seeks an order compelling Plaintiff's medical provider L...

Excerpt: ...sales is an HCD employee and oversaw and directed Ek's contract work. Through this action, Ek asserts claims against Rosales for defamation and intentional interference with prospective economic relations. On March 26, 2021, Rosales filed a demurrer based on Ek's failure to comply with the California Tort Claims Act, Government Code § 900 et seq., immunity and other grounds. The demurrer is still pending before this Court and is scheduled for he...

Excerpt: ...l of Decedent Eva Walker. Moving party is John Muelder. His father Juergen E. Muelder and his stepmother Elke Muelder are the other defendants. Defendant contends plaintiff's causes of action are defective because plaintiff lacks standing to bring any of his claims because he is not the personal representative of the Estate of Eva Walker. In addition, he contends all of Plaintiff's causes of action are barred by the applicable statute of limitati...

Excerpt: ...ramento ("Project"). Plaintiffs allege defendant breached the contract by requiring A‐Frame to pay for additional work that Absolut performed; and for failing to pay independent contractors involved in the Project, forcing A‐ Green to make payments to the independent contractors so the Project could continue. Plaintiff's First Amended Complaint alleges causes of action for Breach of Contract, Breach of the Covenant of Good Faith and Fair Deal...