Excerpt: ...ce is denied except to the extent that Plaintiff requested that the Court take judicial notice of Defendant's answer. The other matters appear to be contractual documents and billing statements which Plaintiff apparently attempts to use to show that allegations in Defendant's answer are untrue. Putting aside the impropriety of that purpose on a pleading motion such as the instant one, private documents between parties are not matters that are sub...

Excerpt: ...Sacramento. Defendants now move for summary judgment on the basis that Plaintiffs cannot establish that they breached any duty or causation. In evaluating a motion for summary judgment or summary adjudication the Court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (19...

Excerpt: ... July 18, 2023. Plaintiff moves for leave to file a first amended complaint to set forth additional causes of action for slander, stalking, intentional infliction of emotional distress and invasion of privacy. Plaintiff also seeks to add additional facts regarding the underlying circumstances, including Defendant admitting his statements were false, police involvement and more. The Court previously denied Plaintiff's motion without prejudice on t...

Excerpt: ...t of self‐represented Plaintiff Keith Herron's termination from employment with TE. After Defendants' demurrer, the second amended complaint alleges causes of action for breach of contract and retaliation. Plaintiff alleges that he founded TE in 1994 and that it agreed to employ him as Executive Director in 2014. He alleges he was terminated on August 15, 2018 in retaliation for filing a complaint with the Department of Fair Employment and Hous...

Excerpt: ... available at oral argument on December 15, 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. Defendant Kathleen Allison's motion to dismiss is granted. Defendant Governor Newson's joinder filed on December 1, 2022 and served on November 30, 2022 is denied. A joinder is only timely “if it is served and filed wi...

Excerpt: ...ep process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal. App. 4th 690, 694), all evidence submitted in support of or...

Excerpt: ...ffectively, and focus. (AMF No. 1.) Due to her disability, Bankett has been placed on a LEAP eligibility list, which allows state agencies to bypass the interview and testing process when considering Bankett's application, to hire her provisionally to evaluate her qualifications during an on the job examination, and to appoint Bankett to a permanent position if she passes the examination. (See UMF Nos. 11‐13; Gov Code § 19240, et seq.) In 2013...

Excerpt: ...ary judgment or summary adjudication the Court engages in a three‐step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004...

Excerpt: ...se or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. § 438(c)(1)(A).) In ruling on a motion for judgment on the pleadings, the Court can properly take judicial notice of evidentiary admissions that cannot be reasonably controverted. (Pang v. Beverly Hospital, Inc. (2000) 79 Cal.App.4th 986, 989‐990.) Thus, the Court may consider matters admitte...

Excerpt: ...cts, opposing plaintiff's 69 Additional Material Facts, and/or opposing plaintiff's three (3) written objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** PDQ's moving memorandum of points & authorities fail to comply with CRC Rule 3.1113(f), requiring a table of contents an...

Excerpt: ...g the procedures set forth in Local Rule 1.06(B). Defendants' Samanta and Susan Elazzi's (“Defendants”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. I. Overview This is a premises liability/personal injury action. Plaintiff Grace Velasquez's (“Plaintiff”) complaint alleges causes of action for (1) general negligence, and (2) premises liability in connection with her injuries from a tr...

Excerpt: ... and 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 by telephone. The Court notes that the complaint in this action is substantively identical to the complaint filed in Sacramento Superior Court Case No. 2022‐ 00318900 entitled B.W. v. County of San Bernardino, and that the present demurrer and the opposition thereto are lik...

Excerpt: ...hat pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hea...

Excerpt: ...ntial amended pleading. Plaintiff/Cross‐Defendant Bank of America, N.A.'s (“BANA”) demurrer to Defendant/Cross‐ Complainant in pro per, Thomas Witte's (“Witte”), First Amended Cross‐ Complaint (“FAXC”) is ruled upon as follows. REQUEST FOR JUDICIAL NOTICE: BANA has filed a Request for Judicial Notice in Support of Its Demurrer to the First Amended Cross‐Complaint (“RJN”). In its RJN, BANA cites to Evidence Code section 452...

Excerpt: ...f Tyrone Adams alleges causes of action against Defendants for conversion, trespass to chattels, and intentional infliction of emotional distress. He appears to allege he was a long‐term guest at a hotel owned by Defendants and that an unknown person broke into his storage locker and stole his property in December 2015. Plaintiff also alleged in the FAC that Defendants previously engaged in conversion against him in 2014 and acknowledged liabil...

Excerpt: ...eges that his disability could have been accommodated by allowing him to wear his sidearm and equipment on a weight‐bearing vest instead of the traditional leather belt. Plaintiff alleges he submitted the request for reasonable accommodation in April 2019. In his discovery responses, Plaintiff indicated he suffered depression, anxiety and emotional distress as a result of the adverse employment actions. He also identified Ms. Williams (a marria...

Excerpt: ...tion to reopen discovery. The motion was denied to the extent that Defendants sought to reopen nonexpert discovery on Plaintiffs' third cause of action for custodial negligence. The motion was granted to the extent that Defendants sought to reopen nonexpert discovery on the fourth cause of action for constructive fraud. The Court denied Defendants' request to reopen expert discovery without prejudice to filing a motion pursuant to CCP § 2034.610...

Excerpt: ...ected to have Plaintiff Troy Anderson available at oral argument on December 15, 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. Plaintiff Troy Anderson's (“Plaintiff”) motion to appoint counsel is denied. This is an unlimited civil action for damages. Under California law, there is no general right to coun...

Excerpt: ...rellana (hereafter, “Plaintiff”) established prenatal care with Capital OB/GYN on February 15, 2018 and returned at regular intervals for scheduled visits. (Frields Decl., ¶ 4.) On August 2, 2018, Plaintiff was evaluated at Sutter Medical Center for spotting, which resolved. (Id. at ¶ 5.) Plaintiff went into labor on September 22, 2018 and reported to Sutter Medical Center for delivery and was first evaluated by Mark Zheng, M.D. (Id. at ¶ ...

Excerpt: ... if the plaintiff has placed his or her mental condition in controversy. (Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 258‐59.) The motion for a mental examination "shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination." (Id. at pp. 258‐259, citing Code Civ. Proc. § 2032.310(b)).) "To prot...

Excerpt: ...ion as Wal‐Mart terminated him instead of disciplining the female employee he had reported for sexual harassment, Defendant Shauna Byers. Plaintiff further alleges he was wrongfully terminated on the basis of a physical disability. Lastly Plaintiff alleges FEHA retaliation and failure to prevent harassment, discrimination, and retaliation. Plaintiff Sylvia Buschmann, Stephen's wife, claims loss of consortium. By way of the instant motion, Plain...

Excerpt: ...t Villara Corporation. (ROA 1.) Plaintiffs served Villara on April 16, 2016 at its principal place of business in McClellan, California. Plaintiffs filed their operative pleading, the Second Amended complaint, on December 12, 2016. (ROA 76.) On March 7, 2017, Defendants filed a Petition to Compel Arbitration. (ROA 62.) The Court granted the Petition on April 4, 2017. (ROA 77.) On September 23, 2019, the parties stipulated not to arbitrate the mat...

Excerpt: ...at oral argument on December 13, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53's Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Defendant Manjula Bobbala's (“Defendant”) demurrer to the complaint is ruled upon as follows. Request For Judicial Notice Defendant's Request for Judicial Notice [“RJN”] of Plaintiff's tort claims and their rejections is ...

Excerpt: ...osales' complaint is UNOPPOSED and is ruled upon as follows. Plaintiff in pro per Rosales, an inmate in a California correctional facility, alleges that defendant Bravo sent “an unauthorized wireless device” (a cell phone) found in the possession of another prisoner to the Digital Forensics Team (“DFT”) in order to extract data “wihtout [sic] first obtaining a valid search warrant, pursuant to Penal Code §4576 (e); and negligent in fol...

Excerpt: ...y and discovery responses) as these items constitute “extrinsic evidence” which is outside the permissible scope of a demurrer, where the Court's consideration is limited to the allegations of the challenged pleading and those facts for which judicial notice is both requested and granted. For the same reason, the Court also did not consider the Martucci Declaration in Reply. The Court reminds both moving and opposing counsel that Code of Civi...

Excerpt: ...d opposing counsel are advised that the caption on the original complaint is the caption which should appear on all subsequent court filings and this caption ordinarily does not change even with the subsequent addition or dismissal of parties. Factual Background This action was commenced on 4/23/2021 by plaintiffs Gomez and Sandoval, husband and wife, seeking damages for personal injuries allegedly sustained while entering a vehicle operated by a...

Excerpt: ...les as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** In this Lemon Law action plaintiff alleges that her 2010 Dodge Charger suffers from widespread def...

Excerpt: ...ition there is no proof of service of the opposition and it not clear whether Respondent even served the opposition. In this matter relating to a pending administrative investigation, Petitioner seeks to seal an exhibit in support of Petitioner's pending petition to compel compliance with an investigational subpoena. The petition is set to be heard on November 22, 2022. The subject exhibit is Exhibit 2 to the petition. According to Petitioner, th...

Excerpt: ...action against Rebecca for (1) “Undue Influence; Declaratory Relief‐Invalidate Durable Power of Attorney; (2) Constructive Trust; (3) Financial Elder Abuse; and (4) Breach of Fiduciary Duty. In their answer Defendants asserted each cause of action was barred by the statute of limitations. Plaintiff alleges that she, Rebecca and Deborah Conder are the Decedent's daughters. The Decedent passed away on October 29, 2016. Plaintiff alleges Rebecca...

Excerpt: ... a result of injuries sustained by Plaintiff. The parties agree that some mental examination of Plaintiff is appropriate. However, despite their meet and confer efforts, the parties were unable to resolve whether 1) there is good cause to conduct the mental examination in Palo Alto, more than 75 miles from Plaintiff's residence, 2) whether the exam may include the Calibrated Neuropsychological Normative System (“CNNS”) test, and 3) whether De...

Excerpt: ...line and several agreements relating thereto, one of which contains an arbitration clause. More specifically, the “Cotenancy Agreement” dated 6/1/1984 provides in Section 13.2 that “Disputes arising under this Agreement that have not been resolved under Sections 13.1 or 15.2.3 shall be settled through binding arbitration as provided in this Section 13.2.” Moving Papers. Petitioners now seek compel arbitration of their claims against DWR a...

Excerpt: ...ons in the amount of $247.50. (Wright Decl., ¶ 7; ROA 25.) On March 17, 2022, the Court denied a prior motion for terminating sanctions on grounds of improper service. (Wright Decl., ¶ 11; ROA 45.) Defendant provided discovery responses in mid‐May. (Wright Decl., ¶ 13.) Plaintiff believed the responses were deficient and brought a motion to compel further responses, which was granted on July 27, 2022. (Wright Decl., ¶¶ 15‐ 16; ROA 69.) A...

Excerpt: ...The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal. App. 4th 690, 694), all evidence submitted in support of or in opposition to the motion must be addressed to the claims and defenses ra...

Excerpt: ...d by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone....

Excerpt: ...3(f), requiring both a table of contents and table of authorities when a brief exceeds ten pages (when such page length is permissible). To the extent plaintiffs' Reply proffers “new evidence” which the opposition did not have an opportunity to address, the “new evidence” was not considered by the Court. Defendants' three written objections to the Murphy Declaration in Reply are sustained. Factual Background This is an action for wrongful...

Excerpt: ...theless considered, although it did not alter the outcome of this motion. The Borkowski Declaration filed on 11/7/2022 in support of Request for Judicial Notice was also not timely filed or served and was not considered because it was filed after the reply papers, depriving defendant Mayfield of an opportunity to address it in the reply papers. But even assuming it were considered and judicial notice of the attached documents were granted, judici...

Excerpt: ...�). In filing that petition, SCA also moved to seal essentially the entire petition and accompanying exhibits, which constituted thousands of pages. Sutter opposed the motion to seal in part and also filed an opposition to the petition to vacate with a narrower motion to seal portions of the opposition. Sutter also filed its own petition to confirm the award. As a result of the parties' dispute over the breadth of the proposed sealing of the resp...

Excerpt: ...ing party. Carolina's argument is based on its assertion that its motion for new trial was pending at the time the motion to strike was filed. Here, the motion to strike is denied as this Court granted Lexington's motion to be deemed the prevailing party on October 26, 2022. As the Court noted in that ruling, Carolina's motion for new trial was denied. (ROA 1130.) Next, Carolina moves to tax certain costs set forth in Lexington's cost memorandum,...

Excerpt: ... § 425.16. (ROA 205.) A formal judgment was entered in Defendants favor on October 19, 2022. (ROA 231.) The judgment indicates attorney fees and costs shall be separately sought. (ROA 231.) On August 26, 2022, Defendants filed the instant motion seeking an award of attorney's fees in the amount of $50,982.50 for 131.5 hours of work and costs in the amount of $1,935.18. Plaintiff opposes the motion. In sum, Plaintiff argues the fees should not be...

Excerpt: ... Neglect of an Elder and Dependent Adult; (2) Negligence/Negligence per Se; (3) Violation of Resident's Bill of Rights; (4) Fraud/Misrepresentation; (5) Financial Elder Abuse; (6) Unfair Business Practices pursuant to Business and Professions Code § 17200 and (7) Wrongful Death in connection with allegations related to the Decedent's residency at Empire Ranch Alzheimer's Care Center. Defendants seek to compel the matter to arbitration pursuant t...

Excerpt: ...��Lead Case”) and In the Matter of: The Faith Faraci Revocable Living Trust, Case No. 34‐2020‐00283199 (the “Trust Action”). Plaintiff commenced the Lead Case by filing a complaint on June 2, 2020. The operative pleading in the Lead Case, the FAC was filed on August 26, 2020. (ROA 16.) The FAC identifies Mary Ann's Baking Co., Inc., Alfredo Moreno, George Demas and Faith Faraci as named defendants. (See FAC.) Defendant filed an answer o...

Excerpt: ...ispute presented on this motion is whether a party is required to respond to discovery that is accompanied by a proof of service indicating service was defective when the propounding party subsequently provides an amended proof of service that clarifies the original service was proper. On February 10, 2022, Defendant served “all the discovery requests to Plaintiff” via mail and email. (Du Decl., ¶ 1.) The discovery was properly served by a n...

Excerpt: ... and is GRANTED. Plaintiff, an incarcerated person proceeding in pro per, filed his Complaint alleging a sole cause of action for a preliminary injunction relating to his Public Records Act (“PRA”) request from Defendants. According to the moving papers (P&As at 2), Plaintiff Brian Adams (“Plaintiff”), a California state prison inmate, alleges defendants J. Shaffer and the Board of Parole Hearings violated the California Public Records Ac...

Excerpt: ...roperty at a tax auction. The operative pleading is the verified Second Amended Complaint (“SAC”). The SAC indicates the subject property was previously owned by Nicholas Galabov. Prior to July 27, 2009, the City of Sacramento assessed fees for code enforcement totaling $8,945.23. (SAC, ¶ 7.) The SAC alleges the full amount of the fees were credited on February 22, 2016 and are no longer due. (SAC, ¶ 7.) As of August 31, 2016, there was a l...

Excerpt: ...) inducing breach of contract; (2) intentional interference with contractual relations; (3) intentional interference with prospective economic relations; (4) negligent interference with prospective economic relations; (5) conversion; (6) violation of Business & Professions Code § 17200; and (7) unjust enrichment. The causes of action were premised on allegations that Defendants sent demand letters to Plaintiffs, sent document requests to Plainti...

Excerpt: ... owned by Defendant. (See Complaint.) Plaintiff alleges she visited Defendant's dealership to pick up her vehicle that had been serviced and repaired. (Id., ¶ 9.) Plaintiff was browsing used vehicles while waiting when she was approached by Defendant's salesperson who identified himself as “Jasper.” (Id., ¶ 10.) Jasper pressured Plaintiff into test driving a vehicle. (Id ., ¶ 11.) The test drive began with Jasper driving, at which time he ...

Excerpt: ...The complaint asserts that Michael Betz had shortly before the accident become intoxicated while attending a party hosted by his employer(s) identified as Doe Defendants 11‐100 and purports to allege three separate causes of action: Negligence against Michael Betz; negligent entrustment against Marion Betz; and vicarious liability against Doe Defendants 11‐100. The final cause of action, consisting of just two paragraphs other than incorporat...

Excerpt: ...ause of action for penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Pursuant to the United States Supreme Court's ruling in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, Defendants now move to compel Plaintiff's individual PAGA claim to arbitration and to dismiss the action based on a lack of standing to maintain the “non‐individual” or representative PAGA claim. Briefly, prior to the ruling in Vi...

Excerpt: ...d to third parties. These include a demand for exchange of expert witness information, supplemental request for production, supplemental interrogatories, form interrogatories (set two), special interrogatories (set three), request for production (set three), request for admissions (set one), and numerous subpoenas for production of business records to third parties. According to Plaintiff, a protective order is warranted because Defendant's disco...

Excerpt: ...ed to pay the $40,000 and she now seeks to enforce the agreement pursuant to CCP § 664.6. Plaintiff however, concedes that Defendant filed for bankruptcy in August 2022 and that there is a bankruptcy hearing at the end of November. 11 U.S.C. § 362(a)(1) automatically stays actions when one party files for bankruptcy. “The automatic stay provisions of the Bankruptcy Code prohibit the continuation of a judicial action against the debtor that wa...

Excerpt: ...read defects including defects affecting the engine and brakes, Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production, specifically requests nos. 16‐ 36, 39 and 40. These requests relate to Defendant's policies and procedures in handling vehicle repurchase or replacement requests and also determining repurchase offers. They also request information regarding the subject vehicle, in additio...

Excerpt: ...n (“FedEx”). (Complaint, ¶¶ 9‐ 10, 14.) On February 14, 2022, Plantiffs and Phu were traveling southbound on I‐5. (Complaint, ¶¶ 14.) Phu was traveling behind Plaintiffs. (Ibid.) Near the location of the accident there was an advisory sign advising southbound motorists “CAUTION/WATCH FOR SLOW TRAFFIC.” (Complaint, ¶ 18.) The posted speed limit in the area was 70 mph for passenger vehicles and 55 mph for vehicles towing trailers. ...

Excerpt: ...el is granted. On May 27, 2022, Defendants served supplemental discovery requests to Plaintiff. (Kono Decl., ¶ 3, Exh. A.) On June 28, 2022, Plaintiff served unverified responses. (Kono Decl., ¶ 4, Exh. B.) Plaintiff failed to serve verified responses by the deadline of June 29, 2022. (Id. at ¶ 3.) On June 28, 2022, Defendants emailed Plaintiff's counsel to request verifications and to obtain clarification regarding the unverified responses. (...

Excerpt: ...e 27, 2000, and as amended January 10, 2013 (the “Trust”). (FAC, ¶ 1.) Horgan is the Primary Beneficiary. (FAC, ¶ 7.) Defendants are attorneys who prepared the Trust. (FAC, ¶¶ 2 and 5.) Plaintiffs allege Defendants negligently drafted the Trust in a manner that delayed Horgan's ability to appoint a successor trustee, which resulted in the filing of otherwise unnecessary litigation and Trust disputes. (FAC, ¶¶ 5‐9.) Plaintiffs allege D...

Excerpt: ...cised his First Amendment rights by appealing an adverse employment action taken against him. Plaintiff later resigned his employment. After resigning, Plaintiff publicly criticized CalFire officials and management. (3AC, ¶¶ 17‐ 18.) In April 2018, Plaintiff and South Coast Helicopters ("SCH") entered into an employment contract in which Plaintiff agreed to perform services for SCH as a helicopter pilot and general manager in return for compe...

Excerpt: ... of motion provides the incorrect address of Department 53. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. FACTS/PROCEDURAL HISTORY: On July 6, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). (ROA 20.) Plaintiff's FAC asserts the following causes of action: (1) harassment against Defendants, (2) failure to prevent discrimination, harassment, o...

Excerpt: ...Chui Faising, Timothy Tight, Michael McCarthy, Glenn Wilson, John Mullen, Richard Girard and Diabetic Innovations, LLC, (“Plaintiffs”), jointly and severally, is ruled upon as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues identified below which will be addressed at the hearing. Counsel are also reminded that pursuant to local rul...

Excerpt: ...8 motor vehicle accident in which he sustained a traumatic brain injury. The 2AC advances causes of action for dependent adult abuse, misrepresentation, concealment, negligent infliction of emotional distress (“NIED”) and wrongful death. In brief, plaintiffs allege that after being admitted to CVSH in September 2018 Ronald continually lost weight and his family's complaints about undernourishment were ignored, resulting in more lost weight an...

Excerpt: ...at a balance of $3,889.92 is now due. Plaintiff now moves for summary judgment. Plaintiff's separate statement includes the following. Defendant applied to Plaintiff for a credit card and entered in a written credit card account agreement. Defendant agreed to be bound by the terms of the agreement through applying for, receiving and using the subject credit card. Defendant used the subject credit card and Plaintiff complied with its obligations b...

Excerpt: ...ilarly situated individuals who were employed by Defendant ONEHALLOWEENNIGHT, Inc. in California from January 23, 2016 to January 23 2017 and received a wage statement containing their full social security number. Plaintiff alleges that Defendant violated Labor Code § 226 by printing social security numbers on wage statements. The PAGA settlement calls for Defendant to make a gross payment of $42,500. The settlement provides that attorneys' fees...

Excerpt: ...fall on the sidewalk. Defendant's instant motion seeks summary adjudication of both causes of action in the Complaint. The Complaint alleges that Plaintiff: “tripped and fell while walking on the public sidewalk at or adjacent to 8698 Kiwi Circle, Elk Grove, California due to an unmarked, uneven, discontinuous, and protruding portion of the sidewalk that constituted a dangerous and defective condition on public property (hereafter referred to a...

Excerpt: ...tiff 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. Defendants J. Shaffer and the Board of Parole Hearings' (“Defendants”) Motion for Summary Judgment is unopposed and is GRANTED. Plaintiff, an incarcerated person proceeding i...

Excerpt: ...s ruled upon as follows. This is a personal injury action arising from Plaintiff's slip‐and‐fall incident on a sidewalk. The incident occurred on October 20, 2016 at 3341 Power Inn Road, Sacramento, CA (hereinafter "Subject Incident"). (Declaration of Heidi Adams (“Adams Decl.”) ¶ 2). On November 13, 2017, Plaintiff filed a complaint for damages alleging causes of action for dangerous condition of public property (Govt. Code §§ 835, et...

Excerpt: ...y is ruled upon as follows. This is an elder abuse action. Plaintiff Annabelle Smith ("Ms. Smith") was over the age of 65 years old, and was admitted to AHC Sacramento on December 21, 2020 following a surgery to treat an ulcer. (See generally, Compl. (Register of Actions (“ROA”) 1.) Prior to her admission, Ms. Smith was quite healthy for her age and lived independently, although she had type 2 diabetes. Complications arising from her surgery ...

Excerpt: ...��Plaintiff”) opposes. This action arises from a written agreement in which Sigler agreed to provide heating and air conditioning units for a building project at the Mule Creek State Prison. Plaintiff's pleading alleges the following causes of action: breach of written contract, quantum meruit, misappropriation of funds in violation of Business & Professions Code section 7108.5 et seq., enforcement of stop payment notice, and action on bond. (S...

Excerpt: ..., on February 11, 2020, this Court entered an order granting YAN's motion for summary judgment and entered judgment in favor of YAN. (ROA 152‐153.) La Posta appealed and the Appellate Court reversed. The Appellate Court found judgment was premature because one of the claims pending in the Tribal Action had not been resolved and YAN had therefore not obtained a final determination. As described in the declaration supporting La Posta's costs, on ...

Excerpt: ... to the hearing, moving counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Joshua Safran's (“Moving Counsel”) motion to withdraw as counsel for Plaintiff Metro Health Systems (“Metro”) is GRANTED as follows. ...

Excerpt: ...or, alternatively, portions thereof, is DENIED. This action (the “Second Action”) is related to a case filed on May 10, 2017, by plaintiffs Baljinder Singh and Ajit Singh against Phanikumar Vadarevu and Sita Vadarevu, husband and wife, case number 34‐ 2017‐00212288 (the “Original Action”). The following procedural history relates to the Original Action. After the Court sustained in part with leave to amend defendants' demurrer, plaint...

Excerpt: ...ement agreement and that the parties have been unable to execute a Final Settlement Agreement. Defendants move to seal: 1. The Notice of Motion and Motion 2. The Memorandum of Points and Authorities in Support Thereof; 3. Declaration of Matthew Borden and Exhibit 1 thereto; 4. Defendants' anticipated Opposition to the Motion and exhibits filed in support' 5. Plaintiffs' anticipated reply and all declarations and exhibits filed in support; 6. Plai...

Excerpt: ...the District of Nevada (Case No. 21‐50397‐ nmc) is unopposed and granted. Factual and Procedural Background WHI commenced this action on September 24, 2019 against Elise Akers (“Akers”); Akers Bookkeeping and Taxes; RPR Customs, Inc.; and Akers Payroll Services. In essence, Plaintiff alleges Akers, in her role as bookkeeper for WHI, embezzled over $200,000 of WHI's money. On October 28, 2019, Akers Bookkeeping and Taxes, and Akers Family ...

Excerpt: ...e on defendants' anti‐SLAPP motion (Code Civ. Proc., § 425.16). The trial court only had jurisdiction to thereafter entertain a motion brought by defendants for attorneys fees and costs.” (Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4th 869, 881.) A plaintiff cannot avoid fees by dismissing the action after an anti‐SLAPP motion is filed in the event the motion would have been granted. The Court retains jurisdiction to enterta...

Excerpt: ...he Implied Covenant of Good Faith and Fair Dealing, Promissory Estoppel, Negligence, Concealment, False Promise, Fraud, Negligent Misrepresentation, and Wrongful Foreclosure. The complaint arises from Plaintiff's attempt to obtain a loan modification from Defendant. Defendant demurs to the complaint on numerous grounds. It argues that Plaintiff fails to allege any facts showing that the HBOR applies because there are no allegations regarding the ...

Excerpt: ...en discovered. (Comp. ¶ 1.) The second paragraph alleges that the corporate defendants were doing business in California. (Id. ¶ 2.) The third paragraph alleges that the “Defendants, and with the permission of each other Defendant, negligently conducted themselves, and did negligently own, lease, operate, control, entrust, maintain, and repair a certain motor vehicle so as to cause the same to strike and injure Plaintiff on or about December ...

Excerpt: ...lina's Additional Facts and Supporting Evidence (“AMF”) (Seeds Decl., ¶ 2, Exh. A) is granted. Lexington's request for judicial notice of portions of the record incorporated by reference (Barron Decl., ¶ 20) is granted. This is an action for bad faith following an adverse verdict against Plaintiffs Elaine McDonald and Silva Trucking, Inc. (“Plaintiffs”) in an underlying action. Plaintiffs had a primary insurance policy with Carolina in ...

Excerpt: ...e Song‐Beverly Warranty Act and for fraudulent inducement. (See Complaint.) Plaintiff allegedly purchased a new 2017 Nissan Pathfinder (the “Vehicle”) from an unidentified “Seller” that was manufactured by Defendant. (Complaint, ¶¶ 4‐6.) Plaintiff alleges the vehicle failed to conform to warranties provided by Defendant. (Complaint ¶¶ 7‐35.) Plaintiff alleges there was a purchase agreement for the Vehicle that is in Defendant's ...

Excerpt: ...fecting former non‐exempt employees of Defendant. Plaintiff seeks to compel a further response to Special Interrogatory No. 1, which requests Defendant identify nonexempt employees during the PAGA period. (Anderson Decl., ¶ 6, Exh. 1.) Plaintiff also requests sanctions in the amount of $7,060 for 5 hours of work incurred to prepare this motion at a rate of $700 per hour, an additional anticipated 5 hours for the reply and attending the hearing...

Excerpt: ...ued to Tropical Paradise Pools Spas and Backyard, a California Corporation (“Tropical Paradise”) as principal. (Declaration of Carlos E. Sosa (“Sosa Decl.”) ¶ 2.) The bond was issued pursuant to Business and Professions Code section 7071.6 and is in the penal sum of $15,000. (Ibid.) However, in this particular case, “[t] he maximum liability for all claims is $7,500 as provided for by the bond and by the Code[,] [a]s there are no homeo...

Excerpt: ...production of all responsive documents corresponding to those Requests; and to compel Defendant to pay monetary sanctions for its abuses of the discovery process. Plaintiff argues that FCA US's responses are deficient and that its objections to Plaintiff's discovery lack merit. Defendant opposes. Trial is currently set for March 21, 2023. In this Lemon Law action, Plaintiff alleges that her 2010 Dodge Charger vehicle, which was manufactured and d...

Excerpt: ...er to Dealer's Opposition, but did not file any of its own evidence in support thereof. Plaintiff's instant motion seeks: (1) to arbitrate the controversy pursuant to the grievance and arbitration provisions of Retail Installment Sale Contract ("RISC") between the parties, (2) an order for a stay pending the results of arbitration, (3) a request for costs and (4) an order for reasonable attorney's fees with respect to all work performed for the a...

Excerpt: ...xt to each other. Plaintiffs allege that in August 2021, Bender began making defamatory statements about them. (Complaint, ¶¶ 7‐8.) Plaintiffs allege that Bender posted on the Nextdoor website that “Plaintiffs were ‘cooking with chemicals,' [and] stating Plaintiffs' behavior ‘resembles people on drugs.'” (Complaint, ¶ 10.) Bender also agreed “ with others' statements that such conduct related to creating/manufacturing drugs, and ot...

Excerpt: ...ively, “Plaintiffs”) per pursuant to CCP § 425.16 is UNOPPOSED and GRANTED. Defendants' request for judicial notice is granted. Factual and Procedural Background This action involves Plaintiffs' repeated attempts to sue the Sacramento Metropolitan Air Quality Management District (the “District”) and its employees and attorneys over the past two decades. By way of background, on August 11, 2020, this Court entered judgment against Plainti...

Excerpt: ...fs reside on 19 different spaces at the Community. Among other things, they assert causes of action seeking relief for nuisance under the Mobilehome Residency Law (“MRL”). Defendants move to compel 13 of the 32 plaintiffs to arbitrate their claims based on an arbitration provision contained in their respective lease agreements. The arbitration provision provides as follows: DISPUTE RESOLUTION PROCESS: To ensure speedy resolution of disputes, ...

Excerpt: ... Plaintiff's claims against them were barred by tribal sovereign immunity. (Acres v. Marston (2021) 72 Cal.App.5th 417.) Defendants also had a pending anti‐SLAPP motion which the Court declined to reach because the Court found it was moot as a result of its ruling on the motion to quash. Plaintiff's complaint arises from a previous action in the Tribal Court (the “Tribal Action”) of the Blue Lake Rancheria (“Blue Lake”). The Tribal Acti...

Excerpt: ... the requirement to submit supporting evidence in a single compendium of evidence. (Cal. Rules of Court, rule 3.1350(c).) Further, the parties are reminded that one purpose of the requirements for a separate statement is to ease the burden on the Court. ( Security Pacific Nat. Bank v. Bradley (1992) 4 Cal.App.4th 89, 99.) In achieving this goal, responses to separate statements are required to unequivocally state whether a fact is disputed or und...

Excerpt: ... 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 Rehabi...

Excerpt: ... required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her 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 opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Factual Background This action arises out of plaintiff's prior employment by Spyglass, which oper...

Excerpt: ...el is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Plaintiff's opposition wa...

Excerpt: ... 8 ½" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page bearing the exhibit designation. Plaintiff Erika Paleny's (“Plaintiff”) request for judicial notice is granted. The Court does not rule on Defendants' evidentiary objections filed in support of the reply since they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Factual and Procedural Background This a...

Excerpt: ...judication. (Compare Code Civ. Proc. (“CCP”) § 437c, subd. (a)(1) with subd. (f)(1).) Judicial Notice Plaintiffs Carrie Ann Whitlow and Terry Whitlow's (“Plaintiffs”) request that the Court take judicial notice of the Court's June 11, 2019 Order denying Kia's demurrer to Plaintiffs' Complaint is granted. The remainder of Plaintiffs' request for judicial notice is denied as irrelevant. Evidentiary Objections The Court declines to rule on ...

Excerpt: ... global settlement following mediation in May 2022 and although plaintiff's attorney filed with the Court on 5/19/2022 a “Notice of Settlement” (which resulted in the 7/12/2022 trial date being vacated), plaintiff subsequently “rescinded her acceptance” of the earlier settlement offer and now refuses to execute a formal “Settlement Agreement and Release.” The Court granted on 9/8/2022 plaintiff's attorney's motion to withdraw. CPS now...

Excerpt: ...ospital despite being “medically and legally eligible to be discharged. The complaint describes defendant Smedley as a “patient care advocate” who has “unreasonably and unlawfully advised” defendant Brennan “to ignore and refuse all safe discharge options offered…by Plaintiff.” In the moving papers, plaintiff argues that while defendant Smedley provided some factual information in his initial response to Form Interrogatory No. 15....

Excerpt: ...of Good Faith Settlement Between Plaintiffs and Lethesia Guzman and the Estate of David Miranda is DENIED. Having denied the two motions, the Court GRANTS Defendants Lethesia Guzman and the Estate of David Miranda's Application for Determination of Good Faith Settlement. FACTUAL BACKGROUND For purposes of the Court's consideration of this motion, the Court provides the following background. This case involves multiple accidents that occurred in t...

Excerpt: ...rd and remains viewable by the public. The same is true for the various account numbers found in the attachments to the Fernandez Declaration in opposition. Both counsel are reminded that such personal, private information should pursuant to CRC Rule 1.201 be redacted prior to filing with the Court. Factual Background Plaintiff is the sole surviving child of Curtis Mackey (the “Decedent”). Defendant is the Trustee of the Curtis Mackey, Jr. Tr...

Excerpt: ...reply and finding no petition from respondent to vacate and/or correct, the Court now issues the following tentative ruling. Petitioner Swift Financial LLC's petition to confirm contractual arbitration award is ruled upon as follows. Although the notice of hearing 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 in that it refers Local Rule 2.47 [pertaining to the ...

Excerpt: ... A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Court may strike out all or any party of any pleading not drawn or filed in conformity with the law. (See Code Civ. Pro. § 436 (a)‐(c).) A motion to strike challenges portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682�...

Excerpt: ...laint against ADC alleging various causes of action arising out of her employment with ADC as a dental hygienist. She alleges various wage and hour claims under the Labor Code in addition to causes of action under FEHA. ADC thereafter filed a cross‐complaint against David Miller, Plaintiff's father. ADC alleges that its causes of action arise out of the same transaction, occurrence or series of transactions or occurrences as Plaintiff's claims....

Excerpt: ...n the Anatolia housing development which is subject to Defendant's conditions, covenants and restrictions (CC&Rs). Plaintiff alleges Defendant issued a Notice of Intent to Record Assessment Lien on January 30, 2020, claiming there were delinquent assessments, late fees, collection fees and a current assessment. Plaintiff alleges Defendant's lien was incorrect and that she had timely paid all assessments and that Defendant failed to credit her pay...

Excerpt: ... Wigle's vehicle and Plaintiff. The first cause of action for declaratory relief is asserted against the insurance company defendants and seeks a declaration regarding the parties' rights under the subject insurance policies. Plaintiff appears to allege that the insurance company defendants have engaged in bad faith as it related to Wigle. Wigle demurs to the first cause of action on the basis Plaintiff has misjoined the insurance company defenda...

Excerpt: ...hether the complaint is well‐pled. In this action, Plaintiff alleges causes of action against Defendant for conversion, violation of Business & Professions Code § 17200, fraudulent misrepresentation and intentional interference with contract. Plaintiff alleges that it specializes in recovering and supplying refrigerants. (Comp. ¶ 11.) Plaintiff alleges it utilizes a unique piece of equipment called “El Machino” which it constructs through...

Excerpt: ...n was necessary. The Court finds the bulk of the issues should have been resolved during the meet and confer process and the failure of the parties to do so is suggestive that neither party made a reasonable effort to resolve this dispute. The parties are admonished that if there are similar circumstances in the future, the Court may direct the parties to meet and confer further before hearing a discovery motion. In this particular instance, the ...