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: ...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: ...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...