Excerpt: ...d to third parties. These include a demand for exchange of expert witness information, supplemental request for production, supplemental interrogatories, form interrogatories (set two), special interrogatories (set three), request for production (set three), request for admissions (set one), and numerous subpoenas for production of business records to third parties. According to Plaintiff, a protective order is warranted because Defendant's disco...

Excerpt: ...n (“FedEx”). (Complaint, ¶¶ 9‐ 10, 14.) On February 14, 2022, Plantiffs and Phu were traveling southbound on I‐5. (Complaint, ¶¶ 14.) Phu was traveling behind Plaintiffs. (Ibid.) Near the location of the accident there was an advisory sign advising southbound motorists “CAUTION/WATCH FOR SLOW TRAFFIC.” (Complaint, ¶ 18.) The posted speed limit in the area was 70 mph for passenger vehicles and 55 mph for vehicles towing trailers. ...

Excerpt: ...el is granted. On May 27, 2022, Defendants served supplemental discovery requests to Plaintiff. (Kono Decl., ¶ 3, Exh. A.) On June 28, 2022, Plaintiff served unverified responses. (Kono Decl., ¶ 4, Exh. B.) Plaintiff failed to serve verified responses by the deadline of June 29, 2022. (Id. at ¶ 3.) On June 28, 2022, Defendants emailed Plaintiff's counsel to request verifications and to obtain clarification regarding the unverified responses. (...

Excerpt: ...e 27, 2000, and as amended January 10, 2013 (the “Trust”). (FAC, ¶ 1.) Horgan is the Primary Beneficiary. (FAC, ¶ 7.) Defendants are attorneys who prepared the Trust. (FAC, ¶¶ 2 and 5.) Plaintiffs allege Defendants negligently drafted the Trust in a manner that delayed Horgan's ability to appoint a successor trustee, which resulted in the filing of otherwise unnecessary litigation and Trust disputes. (FAC, ¶¶ 5‐9.) Plaintiffs allege D...

Excerpt: ...cised his First Amendment rights by appealing an adverse employment action taken against him. Plaintiff later resigned his employment. After resigning, Plaintiff publicly criticized CalFire officials and management. (3AC, ¶¶ 17‐ 18.) In April 2018, Plaintiff and South Coast Helicopters ("SCH") entered into an employment contract in which Plaintiff agreed to perform services for SCH as a helicopter pilot and general manager in return for compe...

Excerpt: ... of motion provides the incorrect address of Department 53. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. FACTS/PROCEDURAL HISTORY: On July 6, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). (ROA 20.) Plaintiff's FAC asserts the following causes of action: (1) harassment against Defendants, (2) failure to prevent discrimination, harassment, o...

Excerpt: ...Chui Faising, Timothy Tight, Michael McCarthy, Glenn Wilson, John Mullen, Richard Girard and Diabetic Innovations, LLC, (“Plaintiffs”), jointly and severally, is ruled upon as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues identified below which will be addressed at the hearing. Counsel are also reminded that pursuant to local rul...

Excerpt: ...8 motor vehicle accident in which he sustained a traumatic brain injury. The 2AC advances causes of action for dependent adult abuse, misrepresentation, concealment, negligent infliction of emotional distress (“NIED”) and wrongful death. In brief, plaintiffs allege that after being admitted to CVSH in September 2018 Ronald continually lost weight and his family's complaints about undernourishment were ignored, resulting in more lost weight an...

Excerpt: ...at a balance of $3,889.92 is now due. Plaintiff now moves for summary judgment. Plaintiff's separate statement includes the following. Defendant applied to Plaintiff for a credit card and entered in a written credit card account agreement. Defendant agreed to be bound by the terms of the agreement through applying for, receiving and using the subject credit card. Defendant used the subject credit card and Plaintiff complied with its obligations b...

Excerpt: ...ilarly situated individuals who were employed by Defendant ONEHALLOWEENNIGHT, Inc. in California from January 23, 2016 to January 23 2017 and received a wage statement containing their full social security number. Plaintiff alleges that Defendant violated Labor Code § 226 by printing social security numbers on wage statements. The PAGA settlement calls for Defendant to make a gross payment of $42,500. The settlement provides that attorneys' fees...

Excerpt: ...tiff in pro per available for oral argument at the above‐stated time. Appearance will be by ZOOM and Department 53's Zoom ID is 841 204 6267. To appear on Zoom by telephone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. Defendants J. Shaffer and the Board of Parole Hearings' (“Defendants”) Motion for Summary Judgment is unopposed and is GRANTED. Plaintiff, an incarcerated person proceeding i...

Excerpt: ...fall on the sidewalk. Defendant's instant motion seeks summary adjudication of both causes of action in the Complaint. The Complaint alleges that Plaintiff: “tripped and fell while walking on the public sidewalk at or adjacent to 8698 Kiwi Circle, Elk Grove, California due to an unmarked, uneven, discontinuous, and protruding portion of the sidewalk that constituted a dangerous and defective condition on public property (hereafter referred to a...

Excerpt: ...��Plaintiff”) opposes. This action arises from a written agreement in which Sigler agreed to provide heating and air conditioning units for a building project at the Mule Creek State Prison. Plaintiff's pleading alleges the following causes of action: breach of written contract, quantum meruit, misappropriation of funds in violation of Business & Professions Code section 7108.5 et seq., enforcement of stop payment notice, and action on bond. (S...

Excerpt: ...y is ruled upon as follows. This is an elder abuse action. Plaintiff Annabelle Smith ("Ms. Smith") was over the age of 65 years old, and was admitted to AHC Sacramento on December 21, 2020 following a surgery to treat an ulcer. (See generally, Compl. (Register of Actions (“ROA”) 1.) Prior to her admission, Ms. Smith was quite healthy for her age and lived independently, although she had type 2 diabetes. Complications arising from her surgery ...

Excerpt: ...s ruled upon as follows. This is a personal injury action arising from Plaintiff's slip‐and‐fall incident on a sidewalk. The incident occurred on October 20, 2016 at 3341 Power Inn Road, Sacramento, CA (hereinafter "Subject Incident"). (Declaration of Heidi Adams (“Adams Decl.”) ¶ 2). On November 13, 2017, Plaintiff filed a complaint for damages alleging causes of action for dangerous condition of public property (Govt. Code §§ 835, et...

Excerpt: ..., on February 11, 2020, this Court entered an order granting YAN's motion for summary judgment and entered judgment in favor of YAN. (ROA 152‐153.) La Posta appealed and the Appellate Court reversed. The Appellate Court found judgment was premature because one of the claims pending in the Tribal Action had not been resolved and YAN had therefore not obtained a final determination. As described in the declaration supporting La Posta's costs, on ...

Excerpt: ... to the hearing, moving counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Joshua Safran's (“Moving Counsel”) motion to withdraw as counsel for Plaintiff Metro Health Systems (“Metro”) is GRANTED as follows. ...

Excerpt: ...or, alternatively, portions thereof, is DENIED. This action (the “Second Action”) is related to a case filed on May 10, 2017, by plaintiffs Baljinder Singh and Ajit Singh against Phanikumar Vadarevu and Sita Vadarevu, husband and wife, case number 34‐ 2017‐00212288 (the “Original Action”). The following procedural history relates to the Original Action. After the Court sustained in part with leave to amend defendants' demurrer, plaint...

Excerpt: ...ement agreement and that the parties have been unable to execute a Final Settlement Agreement. Defendants move to seal: 1. The Notice of Motion and Motion 2. The Memorandum of Points and Authorities in Support Thereof; 3. Declaration of Matthew Borden and Exhibit 1 thereto; 4. Defendants' anticipated Opposition to the Motion and exhibits filed in support' 5. Plaintiffs' anticipated reply and all declarations and exhibits filed in support; 6. Plai...

Excerpt: ...the District of Nevada (Case No. 21‐50397‐ nmc) is unopposed and granted. Factual and Procedural Background WHI commenced this action on September 24, 2019 against Elise Akers (“Akers”); Akers Bookkeeping and Taxes; RPR Customs, Inc.; and Akers Payroll Services. In essence, Plaintiff alleges Akers, in her role as bookkeeper for WHI, embezzled over $200,000 of WHI's money. On October 28, 2019, Akers Bookkeeping and Taxes, and Akers Family ...

Excerpt: ...e on defendants' anti‐SLAPP motion (Code Civ. Proc., § 425.16). The trial court only had jurisdiction to thereafter entertain a motion brought by defendants for attorneys fees and costs.” (Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4th 869, 881.) A plaintiff cannot avoid fees by dismissing the action after an anti‐SLAPP motion is filed in the event the motion would have been granted. The Court retains jurisdiction to enterta...

Excerpt: ...he Implied Covenant of Good Faith and Fair Dealing, Promissory Estoppel, Negligence, Concealment, False Promise, Fraud, Negligent Misrepresentation, and Wrongful Foreclosure. The complaint arises from Plaintiff's attempt to obtain a loan modification from Defendant. Defendant demurs to the complaint on numerous grounds. It argues that Plaintiff fails to allege any facts showing that the HBOR applies because there are no allegations regarding the ...

Excerpt: ...en discovered. (Comp. ¶ 1.) The second paragraph alleges that the corporate defendants were doing business in California. (Id. ¶ 2.) The third paragraph alleges that the “Defendants, and with the permission of each other Defendant, negligently conducted themselves, and did negligently own, lease, operate, control, entrust, maintain, and repair a certain motor vehicle so as to cause the same to strike and injure Plaintiff on or about December ...

Excerpt: ...fecting former non‐exempt employees of Defendant. Plaintiff seeks to compel a further response to Special Interrogatory No. 1, which requests Defendant identify nonexempt employees during the PAGA period. (Anderson Decl., ¶ 6, Exh. 1.) Plaintiff also requests sanctions in the amount of $7,060 for 5 hours of work incurred to prepare this motion at a rate of $700 per hour, an additional anticipated 5 hours for the reply and attending the hearing...

Excerpt: ...e Song‐Beverly Warranty Act and for fraudulent inducement. (See Complaint.) Plaintiff allegedly purchased a new 2017 Nissan Pathfinder (the “Vehicle”) from an unidentified “Seller” that was manufactured by Defendant. (Complaint, ¶¶ 4‐6.) Plaintiff alleges the vehicle failed to conform to warranties provided by Defendant. (Complaint ¶¶ 7‐35.) Plaintiff alleges there was a purchase agreement for the Vehicle that is in Defendant's ...