Excerpt: ...ondos, John Sargetis, and United Law Center (collectively “Defendants”). Defendants filed three identical oppositions and objections to the motions. The court incorporates by reference its ruling denying Plaintiff's Motion as to each defendant and denies this defendant's motion for the same reasons. Item 2 2018‐00233339‐CU‐NP Pamela J. Palmieri vs. Stephen Foondos Nature of Proceeding: Filed By: Motion to Compel Responses to Production ...

Excerpt: ... (The Court notes that it was required to take the background information pertaining to this dispute from Ford's Complaint, since Boyd fails to provide any sort of underlying facts or context for the claims in his own CrossComplaint.) As part of the agreement, Ford Credit agreed to finance the lease of the vehicle, and the contract was concurrently assigned to Ford Credit. According to the Complaint in this action filed by Ford, Boyd failed to ma...

Excerpt: ...d Nationstar's respective requests for judicial notice are granted. In taking 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 [“[W]hile t...

Excerpt: ... allege that the operations at ARA and AHC's facility, located at 875 Alfalfa Plant Road (hereinafter the "Facility"), which operates as a pet food manufacturer, have created public and private nuisances, health and safety risks, and environmental degradation. All Plaintiffs live within a radius of 3,500 feet to four miles from Defendants' Facility. Plaintiffs' operative complaint makes several allegations with regard to emotional distress suffer...

Excerpt: ... 998 Offers to Compromise "offering to resolve this matter . . . in exchange for a dismissal with prejudice of this action the amount of Two Thousand Dollars and Zero Cents ($2,000.00), plus costs and reasonable attorneys' fees as determined by the Court." (Webber Decl. ¶ 9, Exh. 2 (emphasis in original).) Defendants timely accepted their respective 998 Offers on December 4, 2021. (Webber Decl. ¶¶ 10, Exhs. 3‐4.) Plaintiff now seek $134,120....

Excerpt: ... this action, Plaintiff is suing his prior court‐appointed counsel, Michael Aye (“Aye”), for his failure to return Plaintiff's criminal case file in federal case number 2:12‐CR‐00073‐TLN‐CKD1 in the Eastern District of California. Plaintiff has attempted to obtain his files directly from Aye, the State Bar of California, and through subpoenas in the Eastern District of California. Plaintiff alleges that the failure to obtain his fil...

Excerpt: ...") filed in this action on or about August 3, 2021 ("SAC") is overruled. Defendants demur to the SAC on grounds of claim preclusion; i.e., that the PAGA claims at issue in this case have already been adjudicated as part of a class action settlement in a Los Angeles action. (P&As at 7.) Defendants argue that the Judgment in another action resolved the State of California's PAGA penalty claims through the date of the Judgment, and bars Smigelski fr...

Excerpt: ...rgo Bank (1990) 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 ...

Excerpt: ...ndant now seeks attorney fees in the amount of $6,007.50 and $607.05 in costs as the prevailing party. Defendant relies upon a contractual attorney's fees provision in the underlying loan. Plaintiff opposes the motion on the basis that fees are not available because it filed a voluntary dismissal of the entire action on January 27, 2022 and alternatively challenges the amount of the requested fees. The Court notes that the dismissal was not enter...

Excerpt: ... heard on August 18, 2021. The motion was continued and Plaintiff sought an ex parte application for an OST to file a motion to lift the discovery stay imposed by CCP § 425.16(g) in order to conduct discovery regarding the alleged defamatory statements. Plaintiff then dismissed the action before any of the motions could be heard. On September 23, 2021, the date the anti‐SLAPP motion was to be heard, the Court indicated that while it no longer ...

Excerpt: ...n action regarding changing the methods by which City Council members are elected within timeframes set forth in the Elections Code. Defendant's demurrer to Plaintiffs' complaint was sustained with leave to amend on March 17, 2021 on the basis that Plaintiffs had not exhausted the administrative remedy provided under Elections Code § 10010 which is a prerequisite to commence their CVRA action and requires a plaintiff to wait 45 days to file an a...

Excerpt: ...ecedent”) for prostate cancer by several physicians at Kaiser. Plaintiff alleges that the physicians did not adequately inform the Decedent regarding the effects of certain medications including Lupron, Effexor, radioactive gold seeds and radiotherapy. As an initial matter, this case was set in Department 54. Judge Krueger recused himself on January 27, 2021, pursuant to CCP § 170.1(a)(3)(A) and (a)(3)(b)(ii) due to a testamentary event. Prior...

Excerpt: ...ff Allen Hammler within 48 hours. The litigation coordinator is directed to have Plaintiff Alan Hammler available at oral argument on February 10, 2022 at 1:30 pm. Appearance 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. Defendants Ralph Diaz, et al.'s motion for an order requiring Plaintiff Allen Hammler...

Excerpt: ...ollowing causes of action: (1) race discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) failure to prevent discrimination and retaliation in violation of FEHA; (3) whistleblower retaliation in violation of Labor Code section 1102.5; (4) wrongful termination in violation of public policy; and (5) intentional infliction of emotional distress. Defendant issued three subpoenas to Plaintiff's former employers, Comcast ...

Excerpt: ...document request 1 through 11 to the notice of deposition for Scott Morris. Plaintiffs/Cross‐ Defendants also request sanctions in the amount of $3,060. The motion is ruled on as follows. The documents requested relate to Kronick's finances before and during their representation of Bank. Bank alleges the documents are highly relevant and show (1) Kronick took on the underlying case and excessively litigated it to generate fees needed to keep th...

Excerpt: ...y adjudication if all the papers submitted show that there is no triable issues as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. § 437c(c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35.) Section 437c(c) imposes an affirmative duty on a court to grant a summary judgment motion in an appropriate case. (Preach v. Moister Rainbow (1993) 12 Cal.App.4th 1441, 1450.) The Court must decide if a...

Excerpt: ...ion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify other parties immediately 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). Plaintiffs filed their complaint on August 1, 2017, against several defendants, including Settlin...

Excerpt: ...in 1993 as joint tenants; Plaintiff's father passed away in 2002 and Plaintiff became the sole owner of the property. (See UMF 1.) The property is located in Campus Commons Village, which is a common‐interest development with a homeowner's association (HOA). Pursuant to the HOA's Covenants, Conditions, and Restrictions (CC&Rs), residents must pay assessment to the HOA. If the assessments are not paid, the CC&R authorize a trustee designated by ...

Excerpt: ...Tom Langeland (“Langeland”) remove items from 1127 21st Street in Sacramento (“the Property”). (Complaint, ¶ 7.) Langeland and Defendant TEL Enterprises, Inc. (“TEL”) employed two servants (“Does 1 and 2”) and dropped them off at the Property along with Plaintiff and a truck. (Ibid.) Langeland provided a moving dolly and instructions to remove items from the second floor of the Property and place them in the back of a truck. (Ibi...

Excerpt: ...their existence, not the truth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff Mountain F Enterprises, Inc., filed this action on March 4, 2020, for declaratory relief, predicated on a fire that occurred when Defendant Chriso's Tree Trimming was felling a dead cedar tree a few miles from the south entrance to Yosemit...

Excerpt: ...l grant final approval of the class action settlement, subject to certain conditions, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event ora...

Excerpt: ...ilitation of the property located at 6600 Medallion Ct., Citrus Heights, California ("Subject Property") and granted the receiver certain powers and duties. (Register of Actions, “ROA” 24.) The City now seeks an order declaring that the City is the prevailing party in its Receivership Petition regarding the conditions of the Subject Property and to recover its costs, expenses, and fees incurred in the action in the amount of $22,475.71 and an...

Excerpt: ...d the first loan with a second loan from Defendants, again secured by the same two properties, and executed a note for $1.23 million. After defaulting on the note, Plaintiff entered into a settlement agreement with Defendants on or about August 27, 2018 In that agreement, Plaintiff granted general releases and waived Civil Code section 1542, releasing all known and unknown claims against Defendants. Moving parties here signed the settlement agree...

Excerpt: ...orothy MacPhail surreptitiously took partnership profits for their own personal gain without benefit to the partnerships. In connection with the previous rulings, the Court ordered the parties to meet and confer to potentially stipulate to the appointment of a discovery referee. The Court has repeatedly encouraged the parties to discuss the issue of a discovery referee. It does appear from the opposition papers that the parties are engaged in eff...

Excerpt: ... and confer in person or by telephone to determine whether an agreement can be reached that would resolve the moving party's objections. (CCP § 435.5(a).) Written correspondence is not sufficient. The hearing is continued to March 2, 2022, for the parties to meet and confer in person or by telephone. No later than February 21, 2022, Defendant shall file and serve a declaration regarding the results of the meet and confer, and whether an agreemen...