Excerpt: ...gages 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) 119 Cal. App. 4th 690, 694), all evidence submi...

Excerpt: ...p.m in Department 53. (Code of Civ. Proc. § 382; Cal. Rules of Court, rule 3.769.) Background This is a wage and hour class action for various alleged violations of the Labor Code by Defendant Fleetcor Technologies Operating Company, LLC (collectively “Defendant”). Plaintiff commenced this action by filing a complaint on behalf of herself and other non‐ exempt employees of Defendants. The operative pleadings is the First Amended Complaint ...

Excerpt: ...JN”). In its RJN, BANA cites to Evidence Code section 452(h) and seeks judicial notice by the Court of two documents attached thereto which BANA describes as follows: Exhibit A: “Credit Card Agreement for Thomas M. Witte” dated August 2014 Exhibit B: “Changes to Your Credit Card” dated August 2015 (ROA 105.) The Court notes that BANA's RJN in support of its demurrer is nearly identical to BANA's previously‐filed Request for Judicial N...

Excerpt: ...d previously been damaged, totaled and salvaged. Plaintiffs sued for fraud, rescission and other statutory violations. In early 2022 the parties agreed to a settlement which was memorialized in writing and on 4/15/2022, plaintiffs filed pursuant to CRC Rule 3.1385 a Notice of (Conditional) Settlement of the Entire Case, thereby removing this action from the Court's civil active list. To date, no request for dismissal of this action has been filed...

Excerpt: ...ed 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. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Fac...

Excerpt: ...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. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Background This 2015 action is well known to the Court and in sum, it aris...

Excerpt: ...at will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This 2015 action is well known to the Court and in sum, it arises from an alleged real estate partnership between plaintiffs Angelica Lynn and Angel Lynn Realty (“ALR”) on the one...

Excerpt: ...or rehearing challenged the holding that once individual PAGA claims have been ordered to arbitration, the remaining non‐individual PAGA claims should be dismissed for lack of standing. The petition for rehearing was denied on August 22, 2022. The Court's original tentative ruling addressed the merits of the motion and indicated that in the event that petition was denied, it would grant the motion to compel and would dismiss the matter. However...

Excerpt: ...ion filed on August 31, 2022, Defendant's counsel indicates Plaintiff's counsel conceded that Defendant did not owe her a fiduciary duty and was willing to dismiss the second cause of action for breach of fiduciary duty which would also impact the third cause of action for constructive fraud premised on the existence of a fiduciary duty. (Shirley Decl. ¶ 11.) Defendant's counsel asked Plaintiff's counsel if he wanted to file a third amended comp...

Excerpt: ...homas in Case No. 34‐ 2022‐00313560 as authorized representatives of the Labor and Workforce Development Agency (LWDA) and similarly situated individuals who were employed by Defendant Career Systems Development in California between January 28, 2019 and June 19 2022. Plaintiff Alexander asserted claims premised on the alleged failure to pay overtime, failure to pay minimum wages, failure to provide meal and rest period premiums, failure to r...

Excerpt: ...sonal benefit of his mistress, Yimin Dai and himself. Defendant is the trustee of the Samuel B. Fong Trust and Executor of Samuel B. Fong's estate. At issue on the instant motion is a complaint filed by Sam's siblings (Anna FingMorgan, et al.) (the “Siblings”) against Defendant and Defendant's cross‐petition for an “Order Confirming Trust Assets” in response to the Siblings' complaint. Generally, the Siblings allege Sam engaged in misco...

Excerpt: ...t) and for declaratory relief. Plaintiff has since dismissed the declaratory relief cause of action. Plaintiff's causes of action arise from allegations that he had agreements with certain parties (“DPG parties”) which provided that he would have a first position security interest as to money that he lent/invested which was collateralized by the DPG parties' assets, including an automobile sub‐prime loan portfolio titled in the name of Spri...

Excerpt: ...ruck which crossed an opposing lane of traffic and collided with the Decedent's vehicle. The collision resulted in the Decedent's death. Plaintiffs allege that Defendants Amazon Logistics, Inc., JC's Express Lanes, Mian Transportations, Inc., and Jose R. Colon, Jr., were in the commercial trucking industry and were engaged in “the owning, leasing, dispatching, hiring, operating, servicing, brokering, maintaining, entrusting, renting, and/or lea...

Excerpt: ...bility discrimination, failure to accommodate, failure to engage in the interactive process, retaliation and failure to prevent discrimination, harassment and retaliation. She also alleges a cause of action for wrongful termination in violation of public policy and defamation. Plaintiff alleges that she had been employed for over ten years and was Defendant's preschool director. She alleges that Defendant terminated her because of her need for me...

Excerpt: ...ss, depression, lack of appetite and fatigue”. (Comp. ¶ 20.) Plaintiff also alleged harassment causes of action against individual defendants ("Defendant's employees”). Prior to Plaintiff's deposition, she produced 87 pages of unredacted mental health records which were marked confidential and produced pursuant to the parties' stipulated protective order. Defendant then served a subpoena for the production of records to Kaiser Permanente whe...

Excerpt: ...violation of Health & Safety Code § 1430(b), wrongful death, medical malpractice, and more. The action arises from the care the Decedent received at Defendant's skilled nursing facility. Defendant moves to compel the action to arbitration on the basis that Richard Holben (“Richard') signed an Arbitration Agreement in connection with the Decedent's admission to the facility in November 2020. Defendant contends Richard had the authority to sign ...

Excerpt: ... The opposition also asserts that plaintiff's motion here fails to comply with the provisions of CRC Rule 3.1324 and that several of the proposed causes of action are either time‐barred or otherwise deficient. Defendant's Request for Judicial Notice, which attaches copies of court filings, is unopposed and is granted. This action, commenced on 2/8/2022, arises out of plaintiff's employment with defendant. The present complaint purports to asser...

Excerpt: ...ult of a gift deed from Charles Watson who has since died. Plaintiff contends that he desires to sell the property but Defendant has refused. Plaintiff asserts that he has been the only one maintaining the property, paying the taxes, etc. and that it has become unduly burdensome. Plaintiff now seeks summary judgment and an interlocutory judgment of partition and sale pursuant to Code of Civil Procedure §§ 872.210 and 872.710. Defendant filed a ...

Excerpt: ...ion by sale of a single‐family home located in Sacramento (“the Property”). Chiment alleges as follows: (1) Hall purchased the Property in November 1998 and told Chiment that she would become a part owner following Hall's divorce; (2) by 2001 Hall made Chiment a joint tenant of the Property; (3) a dispute developed between Chiment and Hall and Chiment left the Property in March 2022; (4) Hall has solely occupied the Property since the dispu...

Excerpt: ...to October 27, 2022, at 1:30 PM, in this Department, so that parties can engage in continued good faith meet‐and‐confer efforts. The notice 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. Plaintiff filed her operative First Amended Complaint (“FAC”) against Defendants on July 6, 2021. (ROA 20.) Plaintif...

Excerpt: ...tion as a concession of its merits. In this elder abuse action Plaintiffs served the subject deposition notice (along with approximately 46 other notices) on April 7, 2022. (Dudensing Decl. Ex A.) At issue on this particular motion are the depositions of Folsom Investors' employees, originally noticed for the following dates: Brenda Hicks ‐ May 24, 2022 Malissa Ehrman ‐ May 24, 2022 Allie McCutchan ‐ May 25, 2022 Chantel Krahn ‐ May 25, 2...

Excerpt: ...Act. (Third Amended Complaint, "TAC," ¶¶ 7, 23.) Plaintiff alleges that when he tried to pick up his game tickets at the will‐call table that day, Krivacic took the envelope containing Plaintiff's tickets from an attendant at the table, examined Plaintiff's tickets, and gave the tickets back to the attendant, who then gave the tickets to Plaintiff. (TAC ¶ 7.) Plaintiff alleges that Krivacic did not examine the tickets of other customers and ...

Excerpt: ... Superior Court is 813 6th Street, Sacramento, California 95814. On June 16, 2021, Plaintiff filed his complaint against Happe and Defendant Main Street Associates, Inc. (“Main Street”) alleging several causes of action including breach of contract and fraud. (ROA 1.) Plaintiff eventually dismissed all causes of action against Ronald Happe and all causes of action against Main Street except the breach of contract cause of action. (ROA 12.) On...

Excerpt: ...See Cal. Rules Court, rule 3.1300(d).) Further, there are numerous deficiencies regarding service of Plaintiff's opposition. Plaintiff appears to have signed his own proof of service, and because he is a party, it was impermissible for him to do so. (Code Civ. Proc., § 1013a.) The corresponding proof of service only states that “I HEREBY CERTIFY that I mailed a copy of the foregoing pleading to opposing counsel of record, postage prepaid, this...

Excerpt: ...or Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and...

Excerpt: ...e Sacramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private ...

Excerpt: ...te at https://www.saccourt.ca.gov/court‐ reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and the Judge...

Excerpt: ...acramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private cou...

Excerpt: ...he Sacramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private...

Excerpt: ...avor of LMA and judgment was entered on November 24, 2014. (ROA 170‐171.) The Court also granted several motion by LMA for attorney's fees. On October 9, 2018, Esch filed a notice of appeal of an order granting attorney's fees incurred on appeal. (ROA 608.) The Appellate Court affirmed the award of attorney's fees, awarded LMA its costs on appeal, and a remittitur was issued. (ROA 619.) On June 29, 2021, LMA brought a further motion for an awar...

Excerpt: ...ailed to serve the opposition by a means “reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.” (Code Civ. Proc. § 1005(c).) The Court agrees Plaintiff's service of the opposing papers via regular mail failed to comply with this requirement. However, Attorney Defendants claim they were prejudiced i...

Excerpt: ...urate, non‐evasive response that was properly authenticated with a code‐compliant verification. (Adams Decl., ¶ 5) Plaintiff now moves for an order deeming the truth of the matters specified in the RFAs to be admitted. The record indicates Defendants moved for a protective order on July 22, 2022. (ROA 134; Code Civ. Proc. § 2033.080) The motion was subsequently continued for a concurrent hearing with the instant motion. In its tentative rul...

Excerpt: ...plaintiff in pro per's written discovery requests is ruled upon 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. *** The notice of motion does not provide ...

Excerpt: ... Harms (“Harms”), a nurse employed by Dignity Health, while Plaintiff was a patient in Dignity Health's intensive care unit (“ICU”). Defendant seeks judgment on the pleadings as to the entire complaint on grounds it fails to state facts sufficient to constitute a cause of action. Defendant also seeks judgment as to the second through sixth causes of action on grounds the claims are barred by the applicable statute of limitations. Finally,...

Excerpt: ...itled the Second Amended and Restated Loan Agreement (“SARLA”), which required La Posta to pay back money it had borrowed from YAN to finance the construction of a casino. YAN's sole recourse for a failure to pay the debt would be to seize the casino revenues and casino‐related assets, unless YAN obtained a final determination that La Posta had committed fraud in connection with the agreement. After La Posta failed to make payments, YAN com...

Excerpt: ...Plaintiff asserts that Defendant Metkeo Keomany applied for and received a loan from Plaintiff and ultimately defaulted on said loan after making some payments. (UMF Nos. 1‐6, 10.) In its complaint, Plaintiff asserts a single cause of action for common counts based on an open book account for money due and an account stated in writing between Plaintiff and Defendant. According to Plaintiff's computerized records of the loan, which are maintaine...

Excerpt: ... that caused her to leave work on May 20, 2019. (Compl., ¶ 6.) Plaintiff further alleges that her physician recommended she take a leave of absence until July 22, 2019, and thus she was terminated during her medical leave of absence. (Compl., ¶ 6.) Plaintiff filed her complaint in this action on June 14, 2021 and alleged a total of seven causes of action. The first five causes of action are based on the Fair Employment and House Act (“FEHA”...

Excerpt: ...rt'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. Defendant has indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Counsel for Defendant shall notif...

Excerpt: ...” or “Decedent”), by and through his Successor in Interest, Dennis Aguilar (collectively, “Plaintiffs”). Defendants' motion is ruled upon as set forth herein. I. BACKGROUND This action was initiated on November 10, 2015 (Register of Actions ("ROA") 1) and was granted preference on March 15, 2016 (ROA 28) while Decedent was still living. Decedent died on May 26, 2017. The case was assigned for trial to this Court (Judge Richard K. Sueyos...

Excerpt: ...breach of contract; (2) promissory fraud; (3) elder abuse; and (4) negligence. Plaintiff's elder abuse claim is based on Welfare and Institutions Code section 15600, et seq. (hereafter, “Elder Abuse Act”), and thus Plaintiff seeks the heightened remedies provided in those statutory provisions. Specifically, Plaintiff seeks recovery for compensatory damages and attorneys' fees and costs as specified in Welfare and Institutions Code section 156...

Excerpt: ...ode §§ 288 (a) and 288(b)(1) in Sacramento Superior Court Case No. 21FE000951 based on allegations he sexually abused and molested Plaintiff. Defendant moves to stay this civil matter pending resolution of the criminal case. He contends that absent the stay, he will be precluded from offering a meaningful defense without waiving his Fifth Amendment rights. Plaintiff opposes the motion on the basis that it is premature because there is no pendin...

Excerpt: ...onversion, undue influence, breach of trust, constructive trust, and unjust enrichment. Plaintiff, is the nephew of decedent Eva Walker, who passed away in January 2019. Plaintiffs allege that following the Decedent's husband's death, Defendant and Elke Muelder “increasingly insinuated” themselves into the Decedent's personal and financial affairs, including but not limited to intimidating her into cutting off contact with other people and ex...

Excerpt: ... complaints is granted. The Court declines Crossroads' request to consider the instant motion unopposed due to Plaintiffs' untimely filings. It is true that the opposition was filed and served one day late on September 1, 2022 and that an amended separate statement and declaration were filed on September 7, 2022. But the amended documents only appeared to include a deposition transcript of a deposition clearly referred to in the opposition. In an...

Excerpt: ...whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 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 therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F...

Excerpt: ...ting Janssen Malloy's motion to quash on the basis that Plaintiff's claims against them were barred by tribal sovereign immunity. ( Acres v. Marston (2021) 72 Cal.App.5th 417.) Janssen Malloy also had a pending antiSLAPP motion which the Court declined to reach because it found it was moot as a result of its ruling on the motion to quash. Janssen Malloy now demurs to the complaint and also renews its previously filed anti‐ SLAPP motion. The Cou...

Excerpt: ...ity discrimination against the CDT. In his 186 page FAC containing 709 paragraphs, Plaintiff added 19 additional causes of action and 20 new defendants. The FAC alleges claims of employment discrimination under the Fair Employment and Housing Act, Government Code, Labor Code and the California Constitution arising out of his employment with the CDT. Due to the voluminous nature of the FAC, the Court is simply unable to summarize the allegations i...

Excerpt: ...eeyear or five‐year statutes, for example. Instead, the motion is a pleadings challenge that targets various allegations in the pleading and does not rely on extrinsic evidence. Defendant is proceeding in pro per and without counsel in this contract action. The Complaint alleges the following causes of action: (1) Breach of Contract; (2) Breach of Fiduciary Duty; (3) Fraud and Deceit; (4) Breach of Contract (Unjust Enrichment/ Restitution); (5)...

Excerpt: ...at “In about mid ‐ 2017, Plaintiff was diagnosed with breast cancer and went through a bilateral mastectomy with immediate reconstruction surgery. Thereafter, Plaintiff also had to undergo a hysterectomy. Next, Plaintiff was proscribed a course of chemo‐therapy. Plaintiff informed her direct supervisor Erik Smith of her medical/physical disabilities and went out on a medical leave of absence. While on medical leave, Plaintiff left several m...

Excerpt: ... are directed to notify the clerk and opposing counsel at the time of the request which of moving defendants' 12 separate issues for summary adjudication, which of moving defendants' 205 Undisputed Material Facts, which of plaintiff's 45 Additional Material Facts and/or which of defendants' 40 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record whic...

Excerpt: ...e alleges he left his position with Defendant Gateway and obtained employment with First American but he was terminated after Defendants contacted First American and lied about him. In the TAC Plaintiff alleges causes of action for (1) breach of contract; (2) defamation; (3) tortious interference with contractual relationship; (4) intentional interference with prospective economic relations; (5) negligent interference with prospective economic re...

Excerpt: ... Aguilar's (collectively, “Plaintiffs”). Defendants' demurrer is ruled upon as follows: I. BACKGROUND This action was initiated on November 10, 2015 (Register of Actions ("ROA") 1) and was granted preference on March 15, 2016 (ROA 28) while Decedent was still living. Decedent died on May 26, 2017. The case was assigned for trial to this Court (Judge Richard K. Sueyoshi) in February 2020. In accordance with the Court's prior orders and COVID�...

Excerpt: ...considered Defendant's untimely reply brief filed on August 29, 2022 only two days before the hearing. Reply briefs in support of motions for summary judgment shall be filed "not less than five days" before the hearing "unless the court for good cause orders otherwise." (CCP § 437c(b)(4).) Given that five days before the August 31, 2022 hearing was Saturday August 27, 2022, Defendant was required to file the reply no later than August 26, 2022 i...

Excerpt: ...ff Davita, Inc. was ordered to provide verified responses, without objections, to Defendant's form interrogatories (set one) no later than May 19, 2022. No sanctions were awarded though the Court indicated that further failures to comply with discovery could result in sanctions. Defendant now seeks terminating sanctions on the basis that Plaintiff has not provided the Court ordered responses. Defendant also requests issue and evidentiary sanction...

Excerpt: ...hase of nut products. The contracts provided that “[a]ny claim relating to this contract, shall be settled by arbitration by the DFA [Dried Fruit Association of California] with its rules and judgment may be entered upon the award.” Petitioner claimed Respondents ordered nut products from it which they did not pay for. Petitioner initiated arbitration with the DPA and arbitration was held on January 20, 2022 before a three‐person panel of t...

Excerpt: ...Complaint alleged the following causes of action: (1) Easement by Necessity; (2) Declaratory Relief; (3) Injunctive Relief; (4) Intentional Misrepresentation; and (5) Negligent Misrepresentation. After conducting discovery, Plaintiff now seeks to file a Third Amended Complaint (“TAC”) to include two (2) additional causes of action for implied easement by prior use and implied easement by prescription. Trial is currently set for November 1, 20...

Excerpt: ...d her client files, and was in the process of seeking new counsel. Otis need not call to rerequest oral argument upon reposting of the tentative ruling below. The tentative ruling from the July 26, 2022 hearing is reprinted below. The motion of Defendant/Cross‐Defendant Otis Elevator Company (“Otis”) for summary judgment, or in the alterative, summary adjudication, in its favor and against Plaintiff Velma Butler (“Plaintiff”) is DENIED ...

Excerpt: ...nto, California 95814. Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory noti...

Excerpt: ...ion. Lopez filed an anti‐SLAPP motion, arguing her petition and speech was absolutely privileged. Judge David Brown granted her motion as to her complaint to the Assembly but denied it as to her statements to the press. Lopez appealed, and the Third District Court of Appeal reversed the partial denial, instructing this Court to grant the entire anti ‐SLAPP motion and to conduct further proceedings pursuant to the anti‐SLAPP law. The parties...

Excerpt: ...Sacramento. Plaintiff alleged that the Taylor Investment Company, its predecessor in interest, entered into a lease for the Premises (the “Lease”) with GameStop, Inc. in 2003. The Lease was assigned to Defendant in April 2015. Plaintiff alleged that Defendant has breached the Lease by failing to make timely rental payments. On April 20, 2022, this Court granted Plaintiff's motion for summary judgment and a formal order indicating that judgmen...

Excerpt: ...ty Group, Inc. as the only defendant. However, the parties subsequently Stipulated to the Dismissal, with prejudice, of Simon Property Group, Inc., as this entity did not own or control the property in question. The parties also stipulated that Simon Financing Partnership, L.P. is the proper entity in this matter. See Stipulation of Counsel attached as Exhibit A to the Declaration of Counsel filed concurrently herewith. Thus, Simon Financing Part...

Excerpt: ...ntiff's employment claims against Defendant. (Khosrowshahi Decl., ¶ 4, Exh. A.) As of the filing of Plaintiff's motion on June 29, 2022, Defendant had not responded to the requests for admissions, although Defendant had responded to other discovery served concurrently with the requests for admissions. (Khosrowshahi Decl., ¶ 5.) Defendant's counsel asserts that his office did not receive the proof of service for the requests for admissions until...

Excerpt: ...ncludes a total of six causes of action, five of which are against Caltrans. The causes of action against Caltrans are the second through the sixth causes of action, and are for (1) racial discrimination in violation of Title VII of the Civil Rights Act, (2) disparate treatment and racial discrimination under the California Fair Employment and Housing Act (“FEHA”), (3) hostile work environment under the FEHA, (4) failure to prevent harassment...

Excerpt: ...reschool and Children's Center, suffered an injury to her left eye during recess. (Defendant's Statement of Undisputed Material Facts (“UMF”) No. 1.) At approximately 2:30 p.m., which was about 15‐20 minutes into the recess, a teacher at Marvin Marshall named Monica Sharma spotted a male student from about 10 feet away climbing a ladder for a play structure with a stick in his hand. (UMF Nos. 1, 4; Plaintiff's Statement of Undisputed [Addit...

Excerpt: ...alment, and breach of implied warranties, while his spouse has a claim for loss of consortium. (Defendant's Statement of Undisputed Material Facts (“UMF”) No. 2.) Plaintiff alleges that he was diagnosed with Chronic Myelogenic Leukemia ("CML") in 2000 as a result of his work with and exposure to a number of chemical products listed in the complaint containing significant concentrations of benzene and other toxic chemicals from approximately 1...

Excerpt: ...n does not provide notice of the Court's tentative ruling system, as 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 conso...

Excerpt: ...mination in violation of FEHA, failure to engage in the interactive process and failure to provide a reasonable accommodation in violation of FEHA, intentional infliction of emotional distress and violation of Business & Professions Code § 17200. Plaintiff alleges that he alerted Defendant to defective machinery that he worked on which Defendant never repaired. He alleges he had to repair the machinery himself which resulted in cumulative injuri...

Excerpt: ...'s characterization of this motion as a “motion for summary judgment or in the alternative, motion for summary adjudication”, the Court considers Plaintiff's motion as a motion for summary judgment. “If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of...

Excerpt: ...shows that Plaintiff's request for admissions to Defendant Ema Chavez were deemed admitted on January 6, 2022. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds fo...

Excerpt: ... Caylor within 48 hours. The litigation coordinator is directed to have Plaintiff Jeffrey Michael Caylor available at oral argument on August 24, 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 Keri Hamilton's motion to dismiss for delay in prosecution is denied. This matter was originally set for Aug...

Excerpt: ...ff in pro per alleges that on 12/19/2019 defendant Cherian closed plaintiff's cell door on his arm and was thereafter denied medical care. In his original complaint filed on 1/13/2021, plaintiff purported to assert against several defendants causes of action for negligence and intentional tort based on the 2019 incident. All defendants demurred on various grounds including plaintiff's failure to comply with the Government Claims Act (“GCA”) a...

Excerpt: ...m SROG”); and Special Interrogatories, Set One, to Rose (“Rose SROG”) is DENIED. Plaintiffs served the subject discovery requests on March 25, 2022. (Parsons Decl., ¶ 3, Exhs. 2‐4.) Defendants responded on May 9, 2022. (Parsons Decl., ¶ 4, Exhs. 5‐7.) Plaintiffs contacted Defendants to meet and confer regarding alleged deficiencies in the responses on May 23, 2022. (Parsons Decl., ¶ 6, Ex. 8.) The parties continued to meet and confer...

Excerpt: ...on November 19, 2021, approximately six months before the motion was actually filed. (Mortl Decl., ¶ 2.) After being informed Plaintiff called the wrong number, Plaintiff made no other effort to meet and confer with Defendant. (Mortl Decl., ¶ 2.) However, the failure to meet and confer is not sufficient grounds to deny the motion. Further, as the motion is based entirely on evidence of admissions by Defendant made pursuant to a prior motion to ...

Excerpt: ...s computer before returning the computer to Plaintiff. On June 29, 2022, following rulings on a number of Plaintiff's motions to compel, Plaintiff filed a motion for terminating sanctions. In support of the motion for terminating sanctions, Plaintiff lodged a number of exhibits and now moves under California Rules of Court, rule 2.550 to seal those exhibits: • Exhibit A to the Cates Declaration ‐ Price Worksheet; • Exhibit B to the Cates De...

Excerpt: ...hak did not obtain leave of court to do so. Factual & Procedural History This is a personal injury action arising out of an alleged sexual battery and assault committed by Dr. Pathak against Plaintiff. Specifically, Plaintiff alleges that during a medical appointment she underwent a medically unnecessary breast examination by Dr. Pathak for his own gratification. (See Sec. Am. Compl. ¶¶ 6‐7.) Plaintiff commenced this action on December 11, 20...

Excerpt: ...ence Code section 1043, subdivision (c). The Declarations of Jennifer Vue and Jackie Castle filed on August 11, 2022, indicate notice was provided to the subject officers as required. (ROA 89, 90.) Background This is a disability discrimination case in which Plaintiff alleges CHP denied him a reasonable accommodation for his physical disability, a back injury. Plaintiff alleges his disability could have been accommodated by allowing him to wear h...

Excerpt: ...Contest Validity of Trust; 3) Financial and Physical Elder Abuse; 4) Intentional Interference with an Expected Inheritance; 5) Conversion; 6) Return and Confirmation of Trust Property; 7) Accounting; and 8) Damages. The gist of the causes of action is that Defendant exerted undue influence over the Decedent in order to convince him to execute the Trust designating the Defendant as the sole beneficiary and leaving nothing to Plaintiff. Plaintiff a...

Excerpt: ...ted. The request for judicial notice shows that Plaintiff's request for admissions to Defendant Jeremy Lorenzo were deemed admitted on January 5, 2022. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complain...

Excerpt: ...ust 24, 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 Keri Hamilton's motion to dismiss for delay in prosecution is denied. This matter was originally set for August 3, 2022. The Court continued the matter so that it could consider Plaintiff's late filed opposition and allow Defendant to file a repl...

Excerpt: ...ling to Defendant Andre Ragland within 48 hours. The litigation coordinator is directed to have Defendant Andre Ragland available at oral argument on August 17, 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 John Doe's unopposed motion to compel testimony of Defendant Andre Ragland at continued depos...

Excerpt: ...tiffs Rebecca and Michael Kosinski filed their complaint in February 2021 alleging causes of action against Nationwide, Bullseye Leak Detection, Inc., and Moradi arising out of damage to their home caused by water intrusion. A first amended complaint (“FAC”) was filed on February 3, 2002 adding American Leak Detection, Inc. Plaintiffs alleged they filed claims under their homeowner's policy with Nationwide regarding the water intrusion. They ...

Excerpt: ...ilure to pay wages owed in violation of Labor Code § 204, violation of Business & Professions Code § 17200, and for penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Plaintiff asserted the causes of action on an individual and class/representative basis. On June 16, 2014, this Court granted Defendant's motion to compel arbitration. (ROA 17) The Court granted the motion as to the first and second causes of action but ...

Excerpt: ...ication on three stipulated issues are ruled on as follows. This is a construction contract dispute arising from debris cleanup after the Camp Fire in Paradise, California. The parties filed cross‐motions for summary adjudication, and have stipulated to the adjudication of three legal issues pursuant to Code of Civil Procedure Section 437c(t). (Register of Actions (“ROA”) 32.) Pursuant to that Section, a party “may move for summary adjudi...

Excerpt: ...Officer Chambers (“Chambers”) for compensatory, punitive, and injunctive relief due to harassment based on sex. The pleading alleges two causes of actions against Correctional Officer Chambers: (1) sexual harassment under Government Code section 12940; and (2) use of violent acts and threats of violence based on sex in violation of the Civil Code section 51.7 (Ralph Civil Rights Act). Stephanie Watts (“Watts” or “Intervenor‐Plaintiff�...

Excerpt: ... filed on July 13, 2022. Background Facts & Procedure This is a public nuisance action brought by Plaintiff City of Sacramento (the “City”) concerning real property commonly known as 2246 Waterford, Sacramento, CA 95815 (the “Property”). Defendant Linda Siegrist (“Defendant”) is the Property's owner of record. The City commenced this action on February 17, 2017, alleging the following causes of action: (1) public nuisance under the Ci...

Excerpt: ...ut of an alleged agreement whereby CTI performed certain tax services on behalf of plaintiff Nelson and his businesses, ultimately charging the latter over $800,000. Plaintiff Nelson, the owner or part‐ owner of several different businesses, claims to have for several decades relied on Yribarren for accounting services, financial advice, business planning and taxes, ultimately coming to place “significant trust” in Yribarren. According to t...

Excerpt: ...tor is also directed to have plaintiff James Root available for oral argument on 8/23/2022 at 1:30 p.m. 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 the Zoom ID referenced above for oral argument on October 20, 2021. Appearance is required. Defendants Department of Corrections and Rehabilitation, Lynch and Williamson's motion to di...

Excerpt: ...ation in violation of FEHA, retaliation in violation of FEHA, racial and disability harassment in violation of FEHA, harassment based on use of disability leave in violation of FEHA, failure to prevent in violation of FEHA, violation of the Whistleblower Protection Act (Gov't Code §§ 8457 et seq.), and violation of Labor Code § 1102.5. Defendants Barraza and Souza, Plaintiff's supervisors are named in the harassment causes of action in additio...

Excerpt: ...oad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 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 therein); Class Plaintiffs v. City of S...

Excerpt: ...the interactive process and failure to provide a reasonable accommodation in violation of FEHA, intentional infliction of emotional distress and violation of Business & Professions Code § 17200. Plaintiff alleges she was employed as a “Packer” at Defendant's liquid bag manufacturing center in Sacramento and was eventually promoted to “InspectorPacker.” Plaintiff alleges her job duties included labor‐intensive tasks such as packing and ...

Excerpt: ...ction of emotional distress. Plaintiff was employed by SacRT since 2000 and was the Maintenance Supervisor‐Light Rail. Plaintiff alleges he planned to retire on May 1, 2020 but was motivated to stay to help SacRT respond to the challenges of the pandemic. He alleges his team was tasked with cleaning and disinfecting the light rail cars through a “fogging” process. He alleges he met with Stephen McCabe, SacRT's senior safety manager on April...

Excerpt: ...t objections, to Plaintiff's form interrogatories and requests for production (sets one) no later than October 5, 2021. (ROA 30, 31) No sanctions were awarded as the motions were unopposed. Plaintiff now seeks terminating sanctions, specifically an order striking Defendant's answer and entering default, on the basis that Defendant has not provided the Court ordered responses. The Court notes Plaintiff previously filed a similar motion against Def...

Excerpt: ...asound by Defendant's employee Henry Nweke, the ultrasound technician. Plaintiff alleges that she suffered severe emotional distress. She alleges causes of action for violation of Civil Code § 51.9, Civil Code § 1708.5 and for intentional infliction of emotional distress. Defendant served 12 subpoenas to various medical providers requesting the following records: “Any and all documents and records pertaining to the care, treatment, and examin...

Excerpt: ...Set One, No. 17.1, served on June 7, 2021. (Notice at 2.) Defendant also requests monetary sanctions in the amount of $1,460.00 against Plaintiff pursuant to CCP sections 2030.290(c), 2030.300(d), 2023.030, and 2023.010(g). (Ibid.) Defendant also indicates in its Notice of Motion that Plaintiff has not complied with this Court's previous Order to provide a verification to his amended responses to Defendant's Form Interrogatories, Set One. (Notice...

Excerpt: ... cause of action for medical negligence. (Compl. at p. 1.) Plaintiff alleges Dr. Davidson negligently performed a colonoscopy on Plaintiff that resulted in injury and required additional surgical treatment. (Compl., ¶ 7.) On May 31, 2022, counsel for Dr. Davidson sent a letter to Plaintiff's counsel demanding arbitration pursuant to an enclosed arbitration agreement signed by Plaintiff and titled, “Physician (M.D.), Patient Arbitration Agreeme...

Excerpt: ...of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." Thus, CCP section 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where ...

Excerpt: ...ive motions. Thus, the Court's analysis of the motions is the same for each, so the Court rules on all eight in this ruling. For the reasons discussed below, Plaintiff's motions are GRANTED. As an initial matter, the Court notes that Plaintiff's motions are not accompanied by separate statements as required by CRC 3.1345(a)(5). However, a separate statement is not required when the court "has allowed" the moving party to submit a concise outline ...

Excerpt: ...or of HSBC's predecessor, Beneficial Finance, Inc. (SAC, ¶ 15.) The note was secured by a deed of trust recorded against the subject property. (SAC, ¶ 15.) In 2003, Hassan took out another loan from an entity called Money Brokers, again securing the loan with a deed of trust recorded against the subject property. (SAC ¶ 18, Ex. E.) According to the SAC, Hassan used the proceeds from this loan to pay off the 1994 HSBC loan, but HSBC failed to p...

Excerpt: ...ion of Defendants Michelle Minno and Kurt Colgan for claims against their landlords related to mold in their home. (FAC, ¶ 6.) Plaintiff and Defendants Minno and Colgan entered into a written fee agreement on December 19, 2015. (FAC, Exh. A.) The fee agreement provided that Plaintiff would be paid a contingency fee of 33.3% of the recovery, which was to “be paid to the Attorneys after any advanced fees and costs have been returned by whomever ...

Excerpt: ...Housing Act (“FEHA”) including discrimination, retaliation, failure to accommodate and failure to engage in the interactive process; the ninth being intentional infliction of emotional distress (“IIED”); the next four based on alleged wage‐and‐hour violations; and the last two being unfair competition under Business & Professions Code §17200 et seq. and for civil penalties under the Labor Code's Private Attorneys General Act (“PAGA...

Excerpt: ...e 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. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4), while opposing counsel failed to comply with CRC Ru...