Excerpt: ...ndividual claims based on Labor Code violations and also alleges a cause of action seeking penalties pursuant to Labor Code § 2698 et seq. (Private Attorneys General Act of 2004 [“PAGA”].) Defendants filed a cross‐complaint alleging claims for breach of contract and more premised on allegations that Plaintiff failed to pay rent. At issue on the instant motion are Defendant Shin Takeshima's (“Takeshima”) responses to Plaintiff's special...

Excerpt: ...D‐19 NOTICE: All attorneys and self‐represented parties in law and motion hearings are encouraged to appear viaCourt Call. You may contact Court Call as follows: www.courtcall.com or call 888‐882‐ 6878. You must check in by 8:20AM for the 8:30 AM calendar. To submit on a tentative decision, e‐mail the Court at [email protected] or by fax to Judge McKaig'ssecretary at 805‐477‐ 8790. If a party submits on the tentative...

Excerpt: ...intiff's request for admissions to Defendant Akaash Pardesi were deemed admitted on November 10, 2021. 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 or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the mo...

Excerpt: ...�Respondent”) is GRANTED as follows. On November 12, 2021, Petitioners served Respondent investigational subpoenas pursuant to Gov't Code §§ 11180 & 11181. The subpoenas are part of Petitioners' investigation of whether Respondent is in full compliance with the requirements of Gov. Code § 100705(c)(2). Respondent purports to be a health care sharing ministry (“HCSM”). HCSMs must meet certain requirements to be exempted from the requireme...

Excerpt: ...is ruled upon as follows. Request for Judicial Notice Plaintiffs' request for judicial notice is unopposed and granted. Background As stated by the Third District Court of Appeal, this action was “brought against various individuals and entities . . . in the aftermath of a series of investments gone wrong.” (Remittitur at p. 4, ROA # 1779.) Plaintiffs filed the original complaint on May 10, 2012. The operative pleading is the Third Amended an...

Excerpt: ...e 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. Moving counsel is also order to be available at the hearing in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Background In this FEHA disability discrimination action, Plaintiff David Ridge (“Plaintiff”) alleges...

Excerpt: ...oway (“Calloway”) entered the B&W liquor store in Sacramento, California with the intent of robbing the liquor store at gunpoint. Plaintiffs' Decedent held a gun to the head of Defendant Garzon (“Garzon”). Garzon knocked the gun from Plaintiffs' Decedent's hands, grabbed the gun, and then started firing and hit Plaintiffs' Decedent and Calloway. Both Plaintiffs' Decedent and Calloway were hit, Calloway survived but Plaintiffs' Decedent su...

Excerpt: ... and (3) interference with contract. The Complaint and this motion for preliminary injunction were personally served on Defendants Lisa Simon (“Simon”) and Haute Caviar Company, LLC (“Haute Caviar”) through Simon, its agent for service of process, on April 7, 2022. (ROA 20‐23.) The Complaint and this motion for preliminary injunction were also served on Defendants Deborah Keane (“Keane”) and California Caviar Company, LLC (“Califo...

Excerpt: ... consolidated eminent domain actions filed in Monterey County Superior Court involving three parcels of real property. Desmond represented Jarvis individually and in his capacity as a general partner of the partnership in which Jarvis was a half owner with his brother James Jarvis, Jarvis Properties. In October of 2015, Jarvis signed a fee agreement with Desmond on behalf of himself and on behalf of the partnership in his capacity as a general pa...

Excerpt: ...resent motion and therefore Plaintiff did not file an opposition. Plaintiff argues that his attorney first learned of the motion on April 7, 2022, when counsel for McGinness informed counsel for Plaintiff that they had not received an opposition to the present motion. Plaintiff argues the only motion for summary judgment he was aware of was filed on December 15, 2021 and set for hearing on March 3, 2021, but was subsequently dropped by McGinness ...

Excerpt: ...Superior Court, Plaintiff David Fred Blakefield (“Blakefield”) was found to be liable to the plaintiff in that action, David Lonich, based on acts undertaken by Blakefield's agent, Defendant James Loren Franklin. (“Franklin.”) Following the judgment, Blakefield filed this action on April 2, 2019 against Defendants Franklin and Marron Road Ventures, LLC. Blakefield alleges that Franklin was not specifically authorized by Blakefield to pay ...

Excerpt: ...taliation in violation of Labor Code § 1102.5. (First Amended Complaint.) This motion was initially set for hearing on March 23, 2022. The Court continued the hearing on this matter and ordered the parties to further meet and confer and submit a joint statement that states which discovery requests have been resolved and which requests remain outstanding. (ROA 57.) The parties submitted a joint statement and the Court will address the issues rais...

Excerpt: ...fendant Christopher Vrame (“Defendant”) to comply with Plaintiffs' demand for inspection of the company's books and records. This motion was initially set for hearing on March 23, 2022. The Court continued the hearing on this matter and ordered the parties to further meet and confer and submit a joint statement that states which discovery requests have been resolved and which requests remain outstanding. (ROA 34.) The parties submitted a join...

Excerpt: ...s for Respondent Chandler Topic Company, Inc. (ROA 17). The only proof of service filed since that hearing was a proof of service showing service of unspecified documents on Megan Mainwaring on April 23, 2022, which is more than two weeks after the hearing took place. Service of unidentified papers on Megan Mainwaring for a motion after the hearing on the motion took place is insufficient to demonstrate that she was served with the petition and n...

Excerpt: ...ogatories, request for admissions and request for production (sets one) no later than February 27, 2022. (ROA 61) No sanctions were awarded as the motion was unopposed. Plaintiff now seeks terminating sanctions, issue sanctions, evidentiary sanctions and/or monetary sanctions, on the basis that Defendant has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to pr...

Excerpt: ...tories (set three). The motion to compel is granted. No later than May 18, 2022, Plaintiff shall serve verified responses, without objections, to Defendant's special interrogatories (set three). “Financial and Issue Sanctions” In addition moving to compel, Defendant also seeks evidentiary and monetary sanctions on the basis that this is the third motion it has filed in order to get Plaintiff to comply with his discovery obligations. Specifica...

Excerpt: ... (“Main Street”) for breach of contract and other causes of action. Plaintiff eventually dismissed all causes of action against Ronald Happe and all causes of action against Main Street except the breach of contract cause of action. Plaintiff alleged that he entered into two promissory notes with Main Street and that Main Street breached its obligation to repay the amounts lent to it and now owes a total of $436,450. Plaintiff moves for summa...

Excerpt: ...or financial elder abuse, breach of fiduciary duty, and negligence, arising from claims that Plaintiff had taken money from the client trust account and paid off his personal mortgages. The Amended Judgment provides that Defendants shall recover the sums of $109,374 in compensatory damages, $160,970.63 in attorney's fees, $6,454.21 in costs, and $16,214.32 in prejudgment interest from Plaintiff. It also provides that the Defendants shall recover ...

Excerpt: ...ted language as incorrectly representing that Plaintiff alleges Ambridge Hospitality Holding LLC (“AHHLLC”) is Plaintiff's employer. Rather, the Court interprets the disputed language as stating Defendant is a party to the arbitration agreement because Defendant is an affiliated entity of AHHLLC and because Plaintiff alleges Defendant is Plaintiff's employer. As the Court finds there is no intentional false representation, a sur‐reply to co...

Excerpt: ...tionstar will prevail on its seventeenth affirmative defense that the action is barred by the statute of limitations and that FHLMC should be judicially estopped from pursuing its claims. In the alternative, Nationstar requests summary adjudication of FHLMC's first cause of action for declaratory relief, the second cause of action for cancellation of instruments , and the third cause of action for constructive trusts on grounds the causes of acti...

Excerpt: ...nd This is a wage and hour class action for various alleged violations of the Labor Code by Defendant Fleetcor Technologies Operating Company, LLC (collectively “Defendant”). Plaintiff commenced this action by filing a complaint on behalf of herself and other non‐exempt employees of Defendants. As part of the relief requested on this motion, Plaintiff seeks leave to file a First Amended Complaint (“FAC”), which alleges Plaintiff gave no...

Excerpt: ...te Comp. Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) The Court treats the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law, and considers matters which may be judicially noticed. ( Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Poseidon Development, Inc. v....

Excerpt: ...e. (Complaint ¶ 5.) Defendant/moving party is a “patient care advocate.” (Complaint ¶ 5.) Plaintiff alleges that Ms. Brennan engaged the services of Defendant and Defendant unreasonably and unlawfully advised Ms. Brennan to ignore and refuse all safe discharge options offered to Ms. Brennan by Plaintiff. (Complaint ¶ 5.) Plaintiff alleges that Defendant and Ms. Brennan were the agents of each other and committed the acts alleged within the...

Excerpt: ... motion states: “This motion is made on the grounds that the undisputed material facts in this case establish that: (1) Summary judgment, or in the alternative, summary adjudication as to plaintiffs' first two causes of action for professional negligence and breach of fiduciary duty, should be granted because there is no evidence that Mr. McKinney's representation of Plaintiff Davila in the appeals caused any of the damages that Plaintiffs alle...

Excerpt: ...urt addresses Plaintiff's 1632‐page opposing separate statement. As Dignity points out in its reply, Plaintiff's counsel, the Bohm Law Group, Inc. has previously been admonished by the Sacramento County Superior Court's Law and Motion Department for filing an overly lengthy response to a moving party's separate statement. (See Request for Judicial Notice ISO Dignity's Mot., Ex. A.) In connection with a motion for summary judgment decided in Aug...

Excerpt: ...mail on March 2, 2022, and was not mailed with sufficient time ahead of the March 9, 2022 hearing pursuant to CCP § 1005(b) and CCP § 1013. Plaintiff argues it did not receive the reply brief until March 7, 2022. The Court notes that Defendant's reply papers were filed with the Court on March 7, 2022, two court days before the original hearing date. CCP § 1005(c) requires reply papers to be “reasonably calculated to ensure delivery to the ot...

Excerpt: ...rder declaring Harmoning a vexatious litigant based on the argument that Harmoning is being used as a "strawman" by vexatious litigant Quigley to evade the prefiling order requirement contained in CCP 391.7(c).) Defendants' request for judicial notice is unopposed and granted in its entirety. On October 8, 2019, Quigley was declared a vexatious litigant by order of the Tuolomne County Superior Court. (RJN Ex. A.) Quigley is listed on the Californ...

Excerpt: ...nd for negligent hiring, training and entrustment against Garda. Garda's motion for summary adjudication as to the second cause of action was set to be heard on April 13, 2022. On March 30, 2022, the Court granted Plaintiff's ex parte request to continue the motion for summary adjudication pursuant to CCP § 437c(h) and to advance the instant motion to compel to today's date. Garda's motion for summary adjudication is now set for July 19, 2022. P...

Excerpt: ... on Class Actions (4th Ed.), the authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In reviewing a request for preliminary approv...

Excerpt: ...intiff to Defendant. An email is not a matter that is appropriate for judicial notice. Evidence Code § 452(h), cited by Defendants was not intended to permit judicial notice of private documents between parties. (Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145‐1146.) Where the request was granted, in taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their conten...

Excerpt: ...und This action arises from a Shopping Center Lease dated June 7, 2013 entered into between Taylor's Investment Co. (“Taylor”) and Kiene's American Fly Fishing Co. LLC (“Keine's”) for property located at 2752 Marconi Avenue in Sacramento (“the Property”). The lease was later assigned by Taylor's to moving party Barber. Barber filed its initial complaint in this case on May 22, 2018. (ROA 1.) Barber filed a Third Amended Complaint on J...

Excerpt: ...nt 53. Judge Craddick issued a tentative ruling on this motion prior to the hearing. However, after discussing the matter at the time appointed for hearing, Judge Craddick did not decide the motion or take it under submission. Instead, Judge Craddick ruled as follows: “The Court and counsel discussed the matter. The Court deferred oral argument to a date to be determined, after hearing on the motion for standing.” (ROA 909.) Thus, this motion...

Excerpt: .... Plaintiff's original pleading alleged several causes of action against Defendant in connection with her termination from employment: causes of action under FEHA for disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, and failure to prevent discrimination/harassment/retaliation, and wrongful termination in violation of public policy. Plaintiff later amended her original pleading to add a ...

Excerpt: ...iagnosed with right shoulder and left knee medical conditions. (Komshian Decl., ¶ 3.) On May 21, 2019, Plaintiff served responses to form interrogatories that identified these injuries and indicated they were subsiding. (Id., ¶ 4.) On July 9, 2019 Plaintiff testified at deposition that his complaints included the left knee and right shoulder. (Id., ¶ 5.) On January 31, 2022, Plaintiff appeared for a physical examination by defenses expert Bruc...

Excerpt: ...1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38‐39; Bagatti v. Dept. of R...

Excerpt: ...nteraction of provisions in two separate documents, the Kaiser Permanente Senior Advantage (HMO) Evidence of Coverage (“EOC”) (Feusner Decl., Exh. 3) and the Health Care Services Agreement between Kaiser Foundation Hospitals (“KFH”) and Defendants (Black Decl., Exh. A.) The EOC contains an arbitration provision that extends to claims asserted by one or more member Parties against one or more Kaiser Permanente Parties. (EOC, Ch. 11, Sectio...

Excerpt: ...rises out of Defendant's denial of a claim for insurance benefits related to the loss of a motor vehicle. Defendant denied the claim on grounds their investigation revealed evidence that Plaintiffs misrepresented various facts and that the destruction of the vehicle was not accidental. The date of loss was April 18, 2018. Defendants seek discovery of Plaintiffs' cell phone records and text messages for April 2018. Defendants argue the discovery i...

Excerpt: .... § 583.410 gives the Court discretion to dismiss an action for delay in prosecution under appropriate circumstances. One such appropriate circumstance is the failure of a plaintiff to bring the action to trial within three years of its commencement against a defendant. (Code Civ. Proc. § 583.420(a)(2)(A).) This threeyear time period must be calculated in the same manner as the mandatory five‐year deadline to commence trial under Code of Civ....

Excerpt: ...st for entry of default judgment was filed, but were unaware if judgment had been entered and request that the judgment be set aside if it was entered. (Motion to Set Aside 1:3‐6.) Default was entered on June 6, 2019. (ROA 12.) Default judgment was entered on February 25, 2022. (ROA 29.) Propriety of Service Defendants first challenge service of the summons and complaint in this action. “A default judgment entered against a defendant who was ...

Excerpt: ...ee consolidated eminent domain actions filed in Monterey County Superior Court involving three parcels of real property. Desmond represented Jarvis individually and in his capacity as a general partner of the partnership in which Jarvis was a half owner with his brother James Jarvis, Jarvis Properties. In October of 2015, Jarvis signed a fee agreement with Desmond on behalf of himself and on behalf of the partnership in his capacity as a general ...

Excerpt: ...opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Cross‐ Defendant Lexington Insurance Company's (“Lexington”) motion for summary judgment is GRANTED as follows. Request for Judicial Notice Lexington's request for judicial notice of eighteen documents filed in this Court ...

Excerpt: ...se of process; (8) wrongful use of civil proceedings; (9) defamation; (10) false light; (11) intentional infliction of emotional distress; (12) negligent infliction of emotional distress and (13) public disclosure of private facts. Defendant and Plaintiff are parties to a Sacramento Superior Court Family Law matter in Case No. 10FL05692. Defendant's request for judicial is granted but only as to Plaintiff's complaint in this action. The request f...

Excerpt: ...over the judgment or even the existence of a lawsuit until approximately ten years later in September 2021 when she applied for a refinance. (Yohannes Decl. ¶ 1.) She states that the proof of service shows that service occurred at her father's house in Elk Grove but that she never lived there. (Id. ¶¶ 7, 8.) She indicates that she used that address for a criminal protective order that was filed in Santa Clara County. (Id. ¶ 8.) She says that ...

Excerpt: ...laintiff had an agreement with Franklin whereby Franklin would find new construction business. Plaintiff alleges Franklin held himself out as Plaintiff's agent and represented he had the ability to authorize paying a referral fee on Plaintiff's behalf. According to Plaintiff, Franklin obligated Plaintiff to pay a third party, David Lonich, a 7.5% referral fee. Plaintiff was ultimately sued by Lonich and Lonich was awarded $125,212 in damages from...

Excerpt: ...Third Amended Complaint (“TAC”) is granted. In this action, Plaintiffs seek to recover damages against their daughter Susana Oh's former employer Crossroads, and County and Reiman, arising out of Crossroads' termination of Ms. Oh. Approximately four months after Ms. Oh was terminated based upon a perceived inability to perform essential duties of her work, she committed suicide. Plaintiffs allege Crossroads operated in partnership with the De...

Excerpt: ...he litigation coordinator is directed to have Plaintiff Brian Adams available at oral argument on April 6, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Self‐represented Plaintiff Brian Adams' demurrer to Defendants Board of Parole Hearings and Jennifer Shaffer's answer is overruled. In his complaint “for...

Excerpt: ...tion of the facts regarding when emails and letters were sent or when Trammell's deposition was repeatedly noticed or canceled.” (Opp., at 1.) Plaintiff's recitation is that it original scheduled the deposition of Defendant Trammell for January 22, 2021. (Memo of P's and A's at 5.) However, on January 8, 2021, Trammell served what Plaintiff believed to be incomplete discovery responses which caused Plaintiff to reschedule Trammell's deposition ...

Excerpt: ... 2022. Pursuant to Code of Civ. Proc. § 2034.210, et seq., the parties' exchanged expert witness lists on January 10, 2022. (Clark Decl., ¶ 5.) Plaintiff Anthony Morris' (“Plaintiff”) designation included an expert witness, Dr. Rowe, who, according to Plaintiff's counsel's expert witness declaration, would “provide testimony with respect to her professional analysis, treatment, and evaluation of Plaintiff's emotional and psychological inj...

Excerpt: ...s to Plaintiff's exhibits 1‐3. Plaintiff's request for judicial notice of Plaintiff's exhibit 4 is objected to by Defendant and denied as the document is not subject to judicial notice for the purpose it is offered. (In re Vicks, 56 Cal. 4th 274, 314.) The Court may not take judicial notice of the truth of the contents of documents. (Ibid.) As a preliminary matter, the Court notes the purpose of the notice of demurrer and demurrer is to advise ...

Excerpt: ...opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendants SFC Marketplace, Inc. dba Seafood City and Young's Marketplace, Inc. dba Seafood City (“Defendants”) motion to compel arbitration is GRANTED as follows. Preliminary Matter The Court notes that this motion has been...