Excerpt: ...ant to Evid. Code § 452(d). Plaintiff's request for judicial notice of a joint stipulation regarding the employment status of Defendant Whingming Lee, D.D.S. that was filed in this action is granted pursuant to Evid. Code § 452(d). Objections Plaintiff did not file any written objections to Defendants' evidence. The Court declines to rule on Defendants' objections as they were not material to the disposition of the motion. (CCP § 437c(q).) Ove...

Excerpt: ...ion for leave to file a late claim against Respondents County of Sacramento and the County Board of Supervisors pursuant to Government Code § 911.6 based upon mistake, inadvertence, surprise or excusable neglect. The claim arose from an incident on November 17, 2019 in which she alleges that while serving as a probation officer she was sexually harassed and assaulted by a fellow County employee. The application to file a late claim was denied. T...

Excerpt: ...(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) 204 Cal.App.4th 112, 120‐121.) In this action, Plaintiffs seek to recover damages against their daughter Susana Oh's former employer Defendant Crossroads Diversified Services, Inc. Approximately four months after Susanna Oh was terminated based upon a perceived inability to perform e...

Excerpt: ...ent, failure to engage in the interactive process, failure to provide reasonable accommodation, failure to prevent discrimination, harassment and retaliation, retaliation in violation of Labor Code § 1102.5, and violation of Labor Code § 1198.5. Plaintiff filed another action against CDCR in February 2020 which alleges additional FEHA claims and other tort claims. The two actions were consolidated in January 2021. Plaintiff's claims arise from ...

Excerpt: ...ng 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) 204 Cal.App.4th 112, 120‐121.) Plaintiffs' request for judicial notice is denied as the matter was not material to th...

Excerpt: ...ce 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 841 204 6267#. 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 injunction (Violation Regarding Public Records Act)” Plaintiff alleges a cause of action for “...

Excerpt: ...udgment. (ROA 1.) The judgment required Harrison to (1) cease and desist from harassment and discrimination in employment on the basis of sex, (2) pay real party in interest Linda Marie Boncore (“Boncore”) back pay plus interest in the amount of $8,778.35 and damages plus interest in the amount of $43,046.75, and (3) pay the State's General Fund an administrative fine plus interest in the amount of $14,348.95. (ROA 1.) On February 3, 2011, DF...

Excerpt: ...ing on Scripps' motion here. As noted, BTM produced Windy City Rehab “(WCR”) for Scripps, including Season Two during which the alleged defamatory statements were aired. Like Scripps, BTM moves to strike all of the claims in the complaint pursuant to CCP § 425.16 on the basis that they all arise from protected activity. As with Scripps' motion, BTM's motion must be granted. The Court's review of an anti‐SLAPP motion involves a two‐prong ...

Excerpt: ...tion with Defendants and obtained employment with First American but he was terminated after Defendants contacted First American and lied about him. In his second amended complaint he alleges causes of action for: (1) Breach of Contract, (2) Defamation, (3) Tortious Interference with Business Relationship, (4) Intentional Interference with Prospective Economic Relations, (5) Negligent Interference with Prospective Economic Relations, and (6) Negl...

Excerpt: ...PAGA”). Defendant is a non‐ profit corporation facilitating foster parenting and adoptions. Plaintiff was a youth counselor with Defendant. Plaintiff propounded requests for production which included requests 1 and 5 which asked Defendant to produce all documents reflecting the time worked by class members and all documents reflecting money paid to class members. The proposed class is defined as “all persons who worked for any Defendant in ...

Excerpt: ... challenges by raising questions of law. (Salimi v. State 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.) “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. Stew...

Excerpt: ...ion arises from allegations that Defendant David Elliot (“Elliot”) sexually harassed Plaintiff at the Sacramento Wellness Center‐South facility. (SAC, ¶¶ 34‐45.) CSHC is a non‐ profit organization that offers clinical, social and wellness services to Sacramento County residents at the Sacramento Wellness Center. (SAC, ¶ 6.) Defendant Sacramento Steps Forward (“SSF”) is another non‐profit organization that seeks to end homelessn...

Excerpt: ...Defendants Castle Oaks Gold Management, LLC and Billy Casper Golf, LLC (collectively “Defendants”). Plaintiff commenced this action by filing a complaint on behalf of herself and other non‐exempt employees of Defendants. The operative pleading is the second amended complaint, which asserts seven causes of action for failure to minimum wages and overtime compensation, failure to provide meal and rest breaks, failure to pay final wages timely...

Excerpt: ... arising from the right to operate and control a cannabis dispensary operated by Metro. Baystone and Galletta entered into an Continuity Agreement in which Baystone agreed to pay $800,000 in exchange for a presence on Metro's Board that would provide control of Metro to Baystone. The agreement provided that Baystone would take over the day‐to‐day operations. At some time after Baystone completed the payments due under the agreement, Galletta ...

Excerpt: ...mbert”) on March 8, 2022. Although the declaration was filed after the deadline for an opposition, the Court finds Mr. Lambert received late notice of the pending motion and that issues of notice regarding the motion itself warrant consideration of this declaration. Defendant also filed a late letter opposition on March 8, 2022. However, there is no proof of service of Defendant's letter and the correspondence does not satisfy the requirements ...

Excerpt: ...gations arise out of a boating accident wherein Plaintiffs were hit by a boat operated by a defendant/employee of the State of California Department of Fish and Wildlife. (ROA 1.) Plaintiffs seek leave to amend the complaint by filing a First Amended Complaint (“FAC”) that does the following: (1) adds allegations in the first cause of action for negligence related to the Federal Inland Navigational Rules of the United States and (2) alleges t...

Excerpt: ...unable to contact counsel for 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). Defendant Ludmila Maliucov's motion to compel further responses from Plaintiff Jose Aranda‐ Valencia to Requests for Production of Document, Set One and Request for Monetary Sanctions is GRANTED I...

Excerpt: ...sel for 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). Defendant Uber Technologies, Inc.'s (“Uber”) motion for summary judgment as to Plaintiff Cody Jacob Owens' (“Plaintiff”) Complaint is UNOPPOSED and GRANTED as follows. Legal Standard In evaluating a motion for su...

Excerpt: ...racts related to projects owned by Pacific Gas & Electric (“PG&E”). The first contract at issue is a written contract for a PG&E project in Chico, California (the “Chico Project.”) Plaintiff and Defendant entered into the subcontract agreement for the Chico Project on or about July 20, 2018. (Simson Decl. Ex. A.) Plaintiff avers that it fully performed the terms of the Chico Project contract. (Simson Decl. ¶ 7.) However, Defendant failed...

Excerpt: ...rict: (1) harassment ‐ race/religious creed under the Fair Employment and Housing Act (“FEHA”); (2) employment discrimination ‐ race/religious creed under FEHA; (3) retaliation under FEHA; (4) failure to prevent race/religious creed under FEHA; (5) failure to provide accommodation under FEHA; (6) failure to engage in the interactive process under FEHA; and (7) invasion of privacy. Defendant does not challenge Plaintiff's fifth or sixth ca...

Excerpt: ...nt to Business & Professions Code § 17200. Plaintiff is the president and founder of Greymark Development Group, LLC (“Greymark”) a real estate development, design and general construction firm specializing in the luxury market based in Chicago. (Comp. ¶ 7.) He also founded BE Custom Designs, LLC (“BE Custom”) which provides construction contracting services. (Id. ¶ 8.) Plaintiff alleges Alison Gramenos is an executive producer of the ...

Excerpt: ... Rule 3.769). 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.) 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 th...

Excerpt: ... the Kriplanis leased a commercial building to Cross‐Complainant pursuant to a written lease agreement (the "Lease"). On June 9, 2021, the Kriplanis filed a Complaint in which they alleged that CrossComplainant breached the Lease by failing to pay rent, and also breached the implied covenant of good faith and fair dealing by collecting a commission while acting as his own broker, despite his failure to pay rent under the terms of the Lease. On ...

Excerpt: ... premises. (See generally, Compl.) Defendant's instant motion seeks summary judgment of both causes of action in the Complaint. The Complaint alleges that “[w]hile Plaintiff was walking from the interior of the hotel to the exterior parking lot where her vehicle was parked, Plaintiff encountered the subject curb that had gouges and depressions that were painted over in yellow, thus camouflaging the defect in the curb. Plaintiff did not realize ...

Excerpt: ...tiff alleges causes of action for Dependent Adult 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...

Excerpt: ...association, breach of fiduciary duty, and breach of contract against Defendants. Defendant Ioannis Taliadoros's Cross‐ Complaint asserts causes of action for disassociation, breach of fiduciary duty, accounting, breach of contract, violation of the covenant of good faith and fair dealing, and fraud. According to the moving papers, Plaintiff's Subpoena for Production of Documents to Crickett Nicole Weaver (1) improperly seeks documents protecte...

Excerpt: ...erative pleadings, the Kriplanis leased a commercial building to Cross‐Complainant pursuant to a written lease agreement (the "Lease"). On June 9, 2021, the Kriplanis filed a Complaint in which they alleged that CrossComplainant breached the Lease by failing to pay rent, and also breached the implied covenant of good faith and fair dealing by collecting a commission while acting as his own broker, despite his failure to pay rent under the terms...

Excerpt: ...ows. This action stems from an incident on June 19, 2018, at EJ's Tires and Auto Repair. ("EJ"). Plaintiff was an auto mechanic employed by EJ. Defendant Ion Sirbu was employed by defendant TWT Express, LLC, and had brought a pick‐up truck with a trailer attached to EJ's to have the vehicle serviced. Defendant Sirbu claims that he was instructed to move the vehicle by employee(s) of EJ's while at the same time and unbeknownst to him, Plaintiff ...

Excerpt: ...endant Hill Physicians Medical Group's Opposition to Plaintiff's Motion for Preferential Trial Setting; Declarations of Eduard Uchio, M.D. and Elise D. Klein (ROA 53); (2) the “Declaration of Elise Klein in Opposition to Plaintiff's Motion for Preferential Trial Setting” (ROA 54); (3) the “Declaration of Edward Uchio, M.D. in Support of Defendant's Opposition to Plaintiff's Motion for Preferential Trial Setting” (ROA 55); (4) the “Oppos...

Excerpt: ...an earlier conditional review by the court; and (2) a later detailed review after the period during which notice is distributed to class members for their comments or objections. (Conte & Newberg, Newberg on Class Actions (Newberg) § 11.24 (4th Ed. 2002).) This procedure, which is commonly utilized by both federal and state courts, assures class members of the protection of procedural due process safeguards and enables a court to fulfill its rol...

Excerpt: ...ims for (1) rest period violations; (2) meal period violations; (3) failing to pay all earned wages; (4) wage statement violations; and (5) failing to reimburse business‐related expenses. Plaintiff also brings claims pursuant to the Private Attorneys General Act ("PAGA"). In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. (Dunk v. Ford ...

Excerpt: ... The Cross‐Complaint contains two causes of action. The motion was directed only at the second cause of action and was granted in full. On December 7, 2021, CrossComplainant filed a notice of appeal of the Court's anti‐SLAPP ruling. (ROA 26.) Cross ‐Defendants now seek $4,280 in attorney's fees and $120 in costs for bringing the antiSLAPP motion and the instant motion, a total of $4,400. Cross‐Complainant Sourdough & Co., Inc. f/k/a SFSE ...

Excerpt: ...so 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 accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256...

Excerpt: ...mbert Davis' first amended complaint (“FAC”) pursuant to CCP § 425.16. (ROA 60) The FAC alleged causes of action for defamation, invasion of privacy, interference with prospective business and violations of the Unruh Civil Rights Act (Civil Code § 51). The Court concluded that the entire FAC was premised on protected conduct, specifically Defendants' conduct in warning visiting teams that Plaintiff might be getting free tickets from visitin...

Excerpt: ...on was commenced when Plaintiff Anne Marie Schubert and numerous other District Attorneys (“DA Plaintiffs”) filed a verified complaint for declaratory and injunctive relief. They alleged the CDCR failed to comply with the Administrative Procedure Act (APA) (Gov. Code, §11340 et seq.) when it enacted regulations on an emergency basis which increased the rate at which certain prisoners earned good conduct credit (“Regulations”). The DA Pla...

Excerpt: ... he voluntarily left to take a different position. (FAC ¶ 5.) He alleges that after he left public employment, he suffered adverse employment action due to “errors and omissions” by Defendant. Specifically, he alleges that Defendant's official records listed Plaintiff as “terminated.” (Id. ¶ 7.) Plaintiff alleges that he learned about the notation in his record in October 2017. He alleges he requested that Defendant correct his records ...

Excerpt: ... quadriplegic resident of Defendants' care facility, Dean Higgs, and alleged emotional distress injuries to his friend, Aguilar. This action was initiated on 11/10/15 (Register of Actions (“ROA”) 1) and was granted preference on 3/15/16 (ROA 28). The case proceeded to trial before this Court (Judge Richard K. Sueyoshi) in March of 2020. The trial is currently in recess. This case remains in between the completed bench trial phase and the rema...

Excerpt: ...intiff named the LLC and the various members, of which Defendant is one. According to Defendant, Plaintiff resigned as manager of the LLC on April 15, 2021. Since that time, the manager position has been vacant and the parties have not been able to agree on a manager. Defendant now seeks an order appointing him as manager so that the LLC can effectively wind up the business. Defendant also indicates that a manager is needed so that the LLC can ti...

Excerpt: ...dvise 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 On December 7, 2021, Plaintiff filed a Complaint against Defendant using the Judicial Council Form Complaint. (ROA 1.) Plaintiff's Complaint alleges that Defendant lost two...

Excerpt: ...ounds he is currently under investigation by the Roseville Police Department for the alleged sexual assault and will be unable to defend himself in this action while the investigation is pending because he is asserting the Fifth Amendment Privilege against self‐incrimination. On January 13, 2021, Defendant received three telephone calls from someone claiming to be a former patient. (Plesser Decl., Exh. C to Scharg Decl., ¶ 4.) On January 18, 2...

Excerpt: ...torney General Act of 2004, Labor Code § 2699, et seq. (“PAGA”). Plaintiff seeks to recover penalties on behalf of the following categories of aggrieved employees: (1) non‐exempt, hourly employees who were not paid final wages within 72 hours following their termination, (2) employees who were subject to salary deductions for alleged overpayments in July 28, 2020, (3) hourly, non‐exempt employees who were not provided copies of their per...

Excerpt: ...ainst Defendants on July 6, 2021. (ROA 20.) According to the FAC, Plaintiff is a former employee of Defendant California State Lottery Commission (“Commission”) who was forced to retire on December 29, 2018 due to her supervisor, Defendant Ernesto Medina, taking inappropriate and sexually motivated photos of her. (FAC, 9.) Plaintiff alleges that Medina took photos of Plaintiff numerous times and sent them to two colleagues via text message. (...

Excerpt: ...strict Support Facility Project (“Project”) owned by Plaintiff. (See ROA 90.) On May 7, 2020, Plaintiff filed a Complaint against Diede Construction, Inc. (“Diede”), the general contractor for the Project, and Travelers Casualty and Surety Company of America (“Travelers”). (ROA 98.) The Complaint alleges that the District and Diede entered into a contract whereby Diede agreed to build the Project but Diede breached the contract in num...

Excerpt: ...ately of the tentative ruling system and to be available at the hearing, via Zoom audio or video, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff filed its Complaint against Defendants VF Staffing, LLC, Accuire, LLC, and Michael DiManno (“VF Staffing,” “Accuire,” and “DiManno,” respectively; “Defendants,” collectively) on June 15, 2021. (ROA 1.) According to Plaintiff's Co...

Excerpt: ...mplaint against CSS for preliminary and permanent injunction, breach of contract, and to abate a nuisance. (ROA 1.) Later that same month, CSS filed a Cross‐Complaint against Landlord for breach of contract, breach of implied covenant, breach of covenant of quiet enjoyment, and declaratory relief. (ROA 31.) Both the Complaint and Cross‐Complaint concern a Net Lease Agreement (“Lease”) between Landlord and CSS for space (“the Premises”...

Excerpt: ...rate statement does not comply with CRC 3.1350(d) on the basis that Cal Fire incorporated UMFs from the first issue into later issues. Overview Plaintiff Anthony Morris (“Plaintiff”) was employed by Cal Fire as a Fire Apparatus Engineer until his involuntary separation based on Cal Fire's determination that Plaintiff was AWOL. Over the course of Plaintiff's career with Cal Fire, Plaintiff suffered numerous disabilities and injuries that requi...

Excerpt: ...ng and conferring, Plaintiff agreed to amend the complaint. However, no amended complaint has been filed. As a result, the Court will rule on the demurrer. Plaintiff is the sole surviving child of Curtis Mackey (the “Decedent”). Defendant is the Trustee of the Curtis Mackey, Jr. Trust (“Trust”) and the Decedent's wife. Plaintiff alleges causes of action against Defendant for 1) Breach of Trust; 2) Contest Validity of Trust; 3) Financial a...

Excerpt: ...ing, 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). Plaintiff Andre Watson aka Andre Ramon Watson's (“Plaintiff”) demurrer to Defendant Andrea Watson aka Andra Watson's (“Defendant”) Answer is UNOPPOSED and SUSTAINED with leave to amend as follows. Overview This is a partition action. Plaintiff alle...

Excerpt: ...e is UNOPPOSED and GRANTED as follows. In this employment action, Plaintiff alleges he was discriminated and retaliated against due to, inter alia, a physical disability respiratory condition, physical disability chronic condition, physical impairment respiratory conduction, physical impairment chronic condition, compromised immune system, multiple chemical sensitive syndrome, reactive airway disease, mental or psychological condition/disorder an...

Excerpt: ...ver Town Centre. Plaintiffs allege that on March 7, 2018, Defendant used the Rancho Cordova Police Department to serve a “Notice of Trespass‐Official Notice” while they were eating dinner at a restaurant at the shopping center. They allege the police took them out of the restaurant, questioned them and made them leave. They allege that they later discovered the police were told that there had been incidents of loitering, smoking, stalking, ...