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: ...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...