Excerpt: ...ively GRANTED pending the final fairness hearing to be held on this date. (Code Civ. Proc. § 382; Cal. R. Ct., R. 3.769.) NOTICE: The Court's ruling tentatively indicates that it will grant final approval of the class action settlement conditioned upon further arguments to be made during the final fairness hearing. Although the Court anticipates that neither Plaintiff nor Defendant will request oral argument, and while no class member indicated ...

Excerpt: ...ce of the summons & complaint is currently on file. However, plaintiff's own Case Management Statement indicates that no defendant had been served as of September 2021. (ROA #21.) Moving Papers. Defendants' demurrer filed in February 2022 asserts that plaintiff's complaint is barred by laches because (1) the subject bedbug incident occurred on or about 8/2/2017, (2) plaintiff waited until the last day to file her complaint on 8/2/2019, (3) plaint...

Excerpt: ...jor cardiac bypass operation on May 20, 2020. Two days post surgery, Plaintiff developed spinal cord ischemia at T5, resulting in paraplegia. The Complaint alleges a single cause of action for medical malpractice against Defendant, the UC Davis Medical Group, and six physicians. Plaintiff dismissed the individual defendants after the parties stipulated that each of those defendants were employees and agents of Defendant, acting within the course ...

Excerpt: ...f the "Original Grange" in an underlying dispute with the National Grange and the CSG and the legal fees it received from the Original Grange pursuant thereto. The Court is familiar with the long running litigation between the parties, but in brief, the underlying dispute began on October 1, 2012, when the National Grange sued the Original Grange in this Court. The National Grange claimed that its actions taken against the Original Grange were co...

Excerpt: ...of Plaintiff's alleged molestation and physical abuse by her stepfather, DS. The First Amended Complaint alleges causes of action for sexual battery, negligence, gender violence, and intentional infliction of emotional distress against Defendants. On November 2, 2021, Plaintiff served her first set of written discovery, which consisted of form interrogatories (“FIs”), special interrogatories (“SIs”), requests for admission (“RFAs”), a...

Excerpt: ...change. (Mot., p. 3:3‐ 4.) During the arbitration discovery process, in response to Respondent's interrogatories, Claimant identified her injuries from the accident as follows: “Back, right leg, neck, hips, and buttocks.” (Mot., p. 3:5‐7; Ex. A.) Respondent then served deposition subpoenas on Kaiser facilities seeking all of Claimant's medical records dating back to 2007. (Mot., p. 3:10‐28; Ex. C.) The Parties' Contentions Claimant file...

Excerpt: ...th pertaining to the Motion to Disqualify Mr. Wiesner. On July 14, 2022, Plaintiff's Counsel filed a Notice of Errata confirming that they did in fact file two identical copies of the same Memorandum of Points and Authorities, albeit in error. Attached with the Notice of Errata was the “corrected copy” of the Memorandum of Points and Authorities pertaining to the Motion to Disqualify Mr. Guslani. The Court notes, accounting for the delay in f...

Excerpt: ...ourt, on its own motion, takes judicial notice of its record which reflects the Doe amendment was filed on December 16, 2021. (ROA 55.) Mercury's RJN No. 7 is unopposed but DENIED. The Court declines to take judicial notice of the Traffic Collision Report as the truth or accuracy of statements in such reports are reasonably subject to dispute and not appropriate for judicial notice. (See People v. Jones (1997) 15 Cal.4th 119, 171, fn. 17 [overrul...

Excerpt: ...ining, and entrustment. (ROA 1.) This is a personal injury action arising from a motor vehicle collision allegedly caused by Defendant Brooks while driving a vehicle owned by Defendant Garda. Plaintiff alleges causes of action for negligence against Defendant Brooks and for negligent hiring, training and entrustment against Defendant Garda. No trial date has presently been set in this matter. In Opposition, Plaintiff raised arguments regarding De...

Excerpt: ... landlords for a tenant's illegal cultivation of cannabis and the fairness of the administrative hearings provided by the City for contesting such penalties. During discovery, the City inadvertently produced a 4‐page string of emails identified by Bates Stamp No. COS0056014‐17, which the City claims is protected from disclosure by the attorney‐client and attorney work product privileges. Plaintiff contends the emails are not privileged and ...

Excerpt: ...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. The demurrer of defendants California State Prison‐Sacramento and Correctional Officers Martine and Enriquez to plaintiff in pro per Blackwell's First Amended Complaint (“1AC”) ...

Excerpt: ... the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or telephone. DEFENDANT'S REQUESTS FOR JUDICIAL NOTICE: 1. Plaintiff's Complaint ‐ Unopposed and GRANTED. In taking judicial notice of the Complaint in this matter, the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of ...

Excerpt: ... County of Sacramento, which began in 2005 and ended in 2018. The operative complaint alleges causes of action for discrimination (race, gender and disability), retaliation, failure to prevent discrimination and retaliation, failure to accommodate, failure to engage in the interactive process, and interference with rights under the California Family Rights Act (“CFRA”). Plaintiff propounded a variety of written discovery requests to defendant...

Excerpt: ...AC”) is ruled upon as follows: Background As pertinent to Civic and Plaintiff, this action arises from a November 15, 2017 loan provided by Civic in the amount of $342,750 in Aretha Johnson's name, evidenced by a promissory note (the “Note”) and secured by a deed of trust (the “DOT”) naming the real property located at 7050 Cromwell Way, Sacramento, CA 95822 (the “Cromwell Property”) as collateral. (UMF Nos. 1‐2.) Plaintiff conten...

Excerpt: ...or Dept. 53/54. Although the notice of motion provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2022. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). This action arises out of a motor vehicle accident. Plaintiff filed her complaint on 8/6/2019 and defendant filed his answer on 10/...

Excerpt: ...s were killed in an accident. A truck owned by Defendants collided with the automobile plaintiffs' parents were driving. Defendants move to set aside a default and default judgment pursuant to CCP § 473 (b). Essentially, Defendants maintain they forwarded Plaintiffs complaint to their insurance carrier for handling. They then learned in February 2022 that coverage would not be available. They attempted to file an answer, but the answer was rejec...

Excerpt: ...aled the penalty through the City's administrative process contending that the plants belonged to their tenants. On March 31, 2019, a hearing examiner issued a decision upholding the penalty, but reducing the amount to $35,000. On July 2, 2019, Plaintiffs filed an appeal in this Court pursuant to Government Code § 53069.4(b)(1) which provides for a trial de novo. On October 21, 2019, the Court (Judge Laurie Earl) found that the Court had no auth...

Excerpt: ...aintiffs allege causes of action against Defendant for breach of warranties under the Song‐Beverly Act and for violation of Business and Professions Code § 17200. Defendant moves to compel Plaintiffs' claims against it to arbitration pursuant to an arbitration provision located in Retail Installment Sales Agreement (“RISC”) Plaintiffs signed when they purchased the vehicle. The subject provision requires arbitration of “[a]ny claim or di...

Excerpt: ... 220 Cal. App.3d 1117, 1138.) Newberg 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 revie...

Excerpt: ...nd considered the supplemental declaration filed by Brian Galetta (Metro's president, director and officer)on June 10, 2022, indicating that Metro was still engaging in efforts to restore its corporate status. However, Metro has not yet done so despite having been multiple continuances. As a result, Metro is not permitted to oppose the instant motion. However, Metro and Brian Galetta filed a joint opposition and thus the Court considers that oppo...

Excerpt: ...esleigh McCaskill, Taylor Sharp (“Sharp”) and Yolanda Rodriguez (collectively “Moving Defendants”) to strike the twelfth cause of action for defamation in Plaintiff Samuel Bernard Johnson III's (“Plaintiff”) First Amended Complaint (“FAC”) pursuant to Code of Civ. Proc. § 425.16 is DENIED. Plaintiff's request for judicial notice is unopposed and granted. As a preliminary matter, the Court rejects Plaintiff's request to deny the m...

Excerpt: ...he court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc. § 664.6(a).) In support of its motion, Plaintiff submits evidence the parties signed a written stipulation for settlement of the case. (Karayan Decl., ¶ 3 and Exh. 1) The stipulation agrees to entry of judgment in favor of Plaintiff in the amount of $2,264.85, plus costs of $298.50 for a total judgment in the amount of $2,563.35. (Karayan Decl...

Excerpt: ...laintiff's acquisition and failed to disclose these defects to plaintiff. Plaintiff's complaint asserts that defendants including FCA committed fraud by omission and various violations of the Song‐Beverly Consumer Warranty Act. No trial date has been set. On March 18, 2022, Plaintiff filed the instant motion to compel Defendant to produce a person most qualified for deposition as to 83 different categories. In opposition, Defendant indicated th...

Excerpt: ...onsidered this matter at a hearing on May 3, 2022. In its ruling, the Court identified concerns regarding the proposed First Amended Complaint (“FAC”) and the sufficiency of the evidence regarding notice to the LWDA. The hearing was continued to permit Plaintiff to submit additional evidence and argument to address the Court's concerns. Having considered the original papers along with the supplemental evidence and argument, the Court now rule...

Excerpt: ... action brought by Plaintiffs on behalf of similarly situated individuals. The operative First Amended Complaint alleges causes of action for: (1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) meal period violations; (4) rest period violations; (5) wage statement violations; (6) waiting time penalties; (7) failure to reimburse business expenses; (8) unfair competition; and (9) PAGA. The parties have engaged in formal and in...