Excerpt: ...ndividual claims based on Labor Code violations and also alleges a cause of action seeking penalties pursuant to Labor Code § 2698 et seq. (Private Attorneys General Act of 2004 [“PAGA”].) Defendants filed a cross‐complaint alleging claims for breach of contract and more premised on allegations that Plaintiff failed to pay rent. At issue on the instant motion are Defendant Shin Takeshima's (“Takeshima”) responses to Plaintiff's special...

Excerpt: ...D‐19 NOTICE: All attorneys and self‐represented parties in law and motion hearings are encouraged to appear viaCourt Call. You may contact Court Call as follows: www.courtcall.com or call 888‐882‐ 6878. You must check in by 8:20AM for the 8:30 AM calendar. To submit on a tentative decision, e‐mail the Court at [email protected] or by fax to Judge McKaig'ssecretary at 805‐477‐ 8790. If a party submits on the tentative...

Excerpt: ...intiff's request for admissions to Defendant Akaash Pardesi were deemed admitted on November 10, 2021. 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 for the mo...

Excerpt: ...�Respondent”) is GRANTED as follows. On November 12, 2021, Petitioners served Respondent investigational subpoenas pursuant to Gov't Code §§ 11180 & 11181. The subpoenas are part of Petitioners' investigation of whether Respondent is in full compliance with the requirements of Gov. Code § 100705(c)(2). Respondent purports to be a health care sharing ministry (“HCSM”). HCSMs must meet certain requirements to be exempted from the requireme...

Excerpt: ...is ruled upon as follows. Request for Judicial Notice Plaintiffs' request for judicial notice is unopposed and granted. Background As stated by the Third District Court of Appeal, this action was “brought against various individuals and entities . . . in the aftermath of a series of investments gone wrong.” (Remittitur at p. 4, ROA # 1779.) Plaintiffs filed the original complaint on May 10, 2012. The operative pleading is the Third Amended an...

Excerpt: ...e 1.06. Moving counsel is directed to contact opposing counsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also order to be available at the hearing in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Background In this FEHA disability discrimination action, Plaintiff David Ridge (“Plaintiff”) alleges...

Excerpt: ...oway (“Calloway”) entered the B&W liquor store in Sacramento, California with the intent of robbing the liquor store at gunpoint. Plaintiffs' Decedent held a gun to the head of Defendant Garzon (“Garzon”). Garzon knocked the gun from Plaintiffs' Decedent's hands, grabbed the gun, and then started firing and hit Plaintiffs' Decedent and Calloway. Both Plaintiffs' Decedent and Calloway were hit, Calloway survived but Plaintiffs' Decedent su...

Excerpt: ... consolidated eminent domain actions filed in Monterey County Superior Court involving three parcels of real property. Desmond represented Jarvis individually and in his capacity as a general partner of the partnership in which Jarvis was a half owner with his brother James Jarvis, Jarvis Properties. In October of 2015, Jarvis signed a fee agreement with Desmond on behalf of himself and on behalf of the partnership in his capacity as a general pa...

Excerpt: ... and (3) interference with contract. The Complaint and this motion for preliminary injunction were personally served on Defendants Lisa Simon (“Simon”) and Haute Caviar Company, LLC (“Haute Caviar”) through Simon, its agent for service of process, on April 7, 2022. (ROA 20‐23.) The Complaint and this motion for preliminary injunction were also served on Defendants Deborah Keane (“Keane”) and California Caviar Company, LLC (“Califo...

Excerpt: ...resent motion and therefore Plaintiff did not file an opposition. Plaintiff argues that his attorney first learned of the motion on April 7, 2022, when counsel for McGinness informed counsel for Plaintiff that they had not received an opposition to the present motion. Plaintiff argues the only motion for summary judgment he was aware of was filed on December 15, 2021 and set for hearing on March 3, 2021, but was subsequently dropped by McGinness ...

Excerpt: ...Superior Court, Plaintiff David Fred Blakefield (“Blakefield”) was found to be liable to the plaintiff in that action, David Lonich, based on acts undertaken by Blakefield's agent, Defendant James Loren Franklin. (“Franklin.”) Following the judgment, Blakefield filed this action on April 2, 2019 against Defendants Franklin and Marron Road Ventures, LLC. Blakefield alleges that Franklin was not specifically authorized by Blakefield to pay ...

Excerpt: ...taliation in violation of Labor Code § 1102.5. (First Amended Complaint.) This motion was initially set for hearing on March 23, 2022. The Court continued the hearing on this matter and ordered the parties to further meet and confer and submit a joint statement that states which discovery requests have been resolved and which requests remain outstanding. (ROA 57.) The parties submitted a joint statement and the Court will address the issues rais...

Excerpt: ...fendant Christopher Vrame (“Defendant”) to comply with Plaintiffs' demand for inspection of the company's books and records. This motion was initially set for hearing on March 23, 2022. The Court continued the hearing on this matter and ordered the parties to further meet and confer and submit a joint statement that states which discovery requests have been resolved and which requests remain outstanding. (ROA 34.) The parties submitted a join...

Excerpt: ...s for Respondent Chandler Topic Company, Inc. (ROA 17). The only proof of service filed since that hearing was a proof of service showing service of unspecified documents on Megan Mainwaring on April 23, 2022, which is more than two weeks after the hearing took place. Service of unidentified papers on Megan Mainwaring for a motion after the hearing on the motion took place is insufficient to demonstrate that she was served with the petition and n...

Excerpt: ...ogatories, request for admissions and request for production (sets one) no later than February 27, 2022. (ROA 61) No sanctions were awarded as the motion was unopposed. Plaintiff now seeks terminating sanctions, issue sanctions, evidentiary sanctions and/or monetary sanctions, on the basis that Defendant has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to pr...

Excerpt: ...tories (set three). The motion to compel is granted. No later than May 18, 2022, Plaintiff shall serve verified responses, without objections, to Defendant's special interrogatories (set three). “Financial and Issue Sanctions” In addition moving to compel, Defendant also seeks evidentiary and monetary sanctions on the basis that this is the third motion it has filed in order to get Plaintiff to comply with his discovery obligations. Specifica...

Excerpt: ... (“Main Street”) for breach of contract and other causes of action. 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. Plaintiff alleged that he entered into two promissory notes with Main Street and that Main Street breached its obligation to repay the amounts lent to it and now owes a total of $436,450. Plaintiff moves for summa...

Excerpt: ...or financial elder abuse, breach of fiduciary duty, and negligence, arising from claims that Plaintiff had taken money from the client trust account and paid off his personal mortgages. The Amended Judgment provides that Defendants shall recover the sums of $109,374 in compensatory damages, $160,970.63 in attorney's fees, $6,454.21 in costs, and $16,214.32 in prejudgment interest from Plaintiff. It also provides that the Defendants shall recover ...

Excerpt: ...ted language as incorrectly representing that Plaintiff alleges Ambridge Hospitality Holding LLC (“AHHLLC”) is Plaintiff's employer. Rather, the Court interprets the disputed language as stating Defendant is a party to the arbitration agreement because Defendant is an affiliated entity of AHHLLC and because Plaintiff alleges Defendant is Plaintiff's employer. As the Court finds there is no intentional false representation, a sur‐reply to co...

Excerpt: ...tionstar will prevail on its seventeenth affirmative defense that the action is barred by the statute of limitations and that FHLMC should be judicially estopped from pursuing its claims. In the alternative, Nationstar requests summary adjudication of FHLMC's first cause of action for declaratory relief, the second cause of action for cancellation of instruments , and the third cause of action for constructive trusts on grounds the causes of acti...

Excerpt: ...nd 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. As part of the relief requested on this motion, Plaintiff seeks leave to file a First Amended Complaint (“FAC”), which alleges Plaintiff gave no...

Excerpt: ...te Comp. Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) The Court treats the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law, and considers matters which may be judicially noticed. ( Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Poseidon Development, Inc. v....

Excerpt: ...e. (Complaint ¶ 5.) Defendant/moving party is a “patient care advocate.” (Complaint ¶ 5.) Plaintiff alleges that Ms. Brennan engaged the services of Defendant and Defendant unreasonably and unlawfully advised Ms. Brennan to ignore and refuse all safe discharge options offered to Ms. Brennan by Plaintiff. (Complaint ¶ 5.) Plaintiff alleges that Defendant and Ms. Brennan were the agents of each other and committed the acts alleged within the...

Excerpt: ... motion states: “This motion is made on the grounds that the undisputed material facts in this case establish that: (1) Summary judgment, or in the alternative, summary adjudication as to plaintiffs' first two causes of action for professional negligence and breach of fiduciary duty, should be granted because there is no evidence that Mr. McKinney's representation of Plaintiff Davila in the appeals caused any of the damages that Plaintiffs alle...

Excerpt: ...urt addresses Plaintiff's 1632‐page opposing separate statement. As Dignity points out in its reply, Plaintiff's counsel, the Bohm Law Group, Inc. has previously been admonished by the Sacramento County Superior Court's Law and Motion Department for filing an overly lengthy response to a moving party's separate statement. (See Request for Judicial Notice ISO Dignity's Mot., Ex. A.) In connection with a motion for summary judgment decided in Aug...

Excerpt: ...mail on March 2, 2022, and was not mailed with sufficient time ahead of the March 9, 2022 hearing pursuant to CCP § 1005(b) and CCP § 1013. Plaintiff argues it did not receive the reply brief until March 7, 2022. The Court notes that Defendant's reply papers were filed with the Court on March 7, 2022, two court days before the original hearing date. CCP § 1005(c) requires reply papers to be “reasonably calculated to ensure delivery to the ot...

Excerpt: ...rder declaring Harmoning a vexatious litigant based on the argument that Harmoning is being used as a "strawman" by vexatious litigant Quigley to evade the prefiling order requirement contained in CCP 391.7(c).) Defendants' request for judicial notice is unopposed and granted in its entirety. On October 8, 2019, Quigley was declared a vexatious litigant by order of the Tuolomne County Superior Court. (RJN Ex. A.) Quigley is listed on the Californ...

Excerpt: ...nd for negligent hiring, training and entrustment against Garda. Garda's motion for summary adjudication as to the second cause of action was set to be heard on April 13, 2022. On March 30, 2022, the Court granted Plaintiff's ex parte request to continue the motion for summary adjudication pursuant to CCP § 437c(h) and to advance the instant motion to compel to today's date. Garda's motion for summary adjudication is now set for July 19, 2022. P...

Excerpt: ... on Class Actions (4th Ed.), the authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In reviewing a request for preliminary approv...

Excerpt: ...intiff to Defendant. An email is not a matter that is appropriate for judicial notice. Evidence Code § 452(h), cited by Defendants was not intended to permit judicial notice of private documents between parties. (Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145‐1146.) Where the request was granted, in taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their conten...

Excerpt: ...und This action arises from a Shopping Center Lease dated June 7, 2013 entered into between Taylor's Investment Co. (“Taylor”) and Kiene's American Fly Fishing Co. LLC (“Keine's”) for property located at 2752 Marconi Avenue in Sacramento (“the Property”). The lease was later assigned by Taylor's to moving party Barber. Barber filed its initial complaint in this case on May 22, 2018. (ROA 1.) Barber filed a Third Amended Complaint on J...

Excerpt: ...nt 53. Judge Craddick issued a tentative ruling on this motion prior to the hearing. However, after discussing the matter at the time appointed for hearing, Judge Craddick did not decide the motion or take it under submission. Instead, Judge Craddick ruled as follows: “The Court and counsel discussed the matter. The Court deferred oral argument to a date to be determined, after hearing on the motion for standing.” (ROA 909.) Thus, this motion...

Excerpt: .... Plaintiff's original pleading alleged several causes of action against Defendant in connection with her termination from employment: causes of action under FEHA for disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, and failure to prevent discrimination/harassment/retaliation, and wrongful termination in violation of public policy. Plaintiff later amended her original pleading to add a ...

Excerpt: ...iagnosed with right shoulder and left knee medical conditions. (Komshian Decl., ¶ 3.) On May 21, 2019, Plaintiff served responses to form interrogatories that identified these injuries and indicated they were subsiding. (Id., ¶ 4.) On July 9, 2019 Plaintiff testified at deposition that his complaints included the left knee and right shoulder. (Id., ¶ 5.) On January 31, 2022, Plaintiff appeared for a physical examination by defenses expert Bruc...

Excerpt: ...1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38‐39; Bagatti v. Dept. of R...

Excerpt: ...nteraction of provisions in two separate documents, the Kaiser Permanente Senior Advantage (HMO) Evidence of Coverage (“EOC”) (Feusner Decl., Exh. 3) and the Health Care Services Agreement between Kaiser Foundation Hospitals (“KFH”) and Defendants (Black Decl., Exh. A.) The EOC contains an arbitration provision that extends to claims asserted by one or more member Parties against one or more Kaiser Permanente Parties. (EOC, Ch. 11, Sectio...

Excerpt: ...rises out of Defendant's denial of a claim for insurance benefits related to the loss of a motor vehicle. Defendant denied the claim on grounds their investigation revealed evidence that Plaintiffs misrepresented various facts and that the destruction of the vehicle was not accidental. The date of loss was April 18, 2018. Defendants seek discovery of Plaintiffs' cell phone records and text messages for April 2018. Defendants argue the discovery i...

Excerpt: .... § 583.410 gives the Court discretion to dismiss an action for delay in prosecution under appropriate circumstances. One such appropriate circumstance is the failure of a plaintiff to bring the action to trial within three years of its commencement against a defendant. (Code Civ. Proc. § 583.420(a)(2)(A).) This threeyear time period must be calculated in the same manner as the mandatory five‐year deadline to commence trial under Code of Civ....

Excerpt: ...st for entry of default judgment was filed, but were unaware if judgment had been entered and request that the judgment be set aside if it was entered. (Motion to Set Aside 1:3‐6.) Default was entered on June 6, 2019. (ROA 12.) Default judgment was entered on February 25, 2022. (ROA 29.) Propriety of Service Defendants first challenge service of the summons and complaint in this action. “A default judgment entered against a defendant who was ...

Excerpt: ...ee consolidated eminent domain actions filed in Monterey County Superior Court involving three parcels of real property. Desmond represented Jarvis individually and in his capacity as a general partner of the partnership in which Jarvis was a half owner with his brother James Jarvis, Jarvis Properties. In October of 2015, Jarvis signed a fee agreement with Desmond on behalf of himself and on behalf of the partnership in his capacity as a general ...

Excerpt: ...opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Cross‐ Defendant Lexington Insurance Company's (“Lexington”) motion for summary judgment is GRANTED as follows. Request for Judicial Notice Lexington's request for judicial notice of eighteen documents filed in this Court ...

Excerpt: ...se of process; (8) wrongful use of civil proceedings; (9) defamation; (10) false light; (11) intentional infliction of emotional distress; (12) negligent infliction of emotional distress and (13) public disclosure of private facts. Defendant and Plaintiff are parties to a Sacramento Superior Court Family Law matter in Case No. 10FL05692. Defendant's request for judicial is granted but only as to Plaintiff's complaint in this action. The request f...

Excerpt: ...over the judgment or even the existence of a lawsuit until approximately ten years later in September 2021 when she applied for a refinance. (Yohannes Decl. ¶ 1.) She states that the proof of service shows that service occurred at her father's house in Elk Grove but that she never lived there. (Id. ¶¶ 7, 8.) She indicates that she used that address for a criminal protective order that was filed in Santa Clara County. (Id. ¶ 8.) She says that ...

Excerpt: ...laintiff had an agreement with Franklin whereby Franklin would find new construction business. Plaintiff alleges Franklin held himself out as Plaintiff's agent and represented he had the ability to authorize paying a referral fee on Plaintiff's behalf. According to Plaintiff, Franklin obligated Plaintiff to pay a third party, David Lonich, a 7.5% referral fee. Plaintiff was ultimately sued by Lonich and Lonich was awarded $125,212 in damages from...

Excerpt: ...Third Amended Complaint (“TAC”) is granted. In this action, Plaintiffs seek to recover damages against their daughter Susana Oh's former employer Crossroads, and County and Reiman, arising out of Crossroads' termination of Ms. Oh. Approximately four months after Ms. Oh was terminated based upon a perceived inability to perform essential duties of her work, she committed suicide. Plaintiffs allege Crossroads operated in partnership with the De...

Excerpt: ...he litigation coordinator is directed to have Plaintiff Brian Adams available at oral argument on April 6, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Self‐represented Plaintiff Brian Adams' demurrer to Defendants Board of Parole Hearings and Jennifer Shaffer's answer is overruled. In his complaint “for...

Excerpt: ...tion of the facts regarding when emails and letters were sent or when Trammell's deposition was repeatedly noticed or canceled.” (Opp., at 1.) Plaintiff's recitation is that it original scheduled the deposition of Defendant Trammell for January 22, 2021. (Memo of P's and A's at 5.) However, on January 8, 2021, Trammell served what Plaintiff believed to be incomplete discovery responses which caused Plaintiff to reschedule Trammell's deposition ...

Excerpt: ... 2022. Pursuant to Code of Civ. Proc. § 2034.210, et seq., the parties' exchanged expert witness lists on January 10, 2022. (Clark Decl., ¶ 5.) Plaintiff Anthony Morris' (“Plaintiff”) designation included an expert witness, Dr. Rowe, who, according to Plaintiff's counsel's expert witness declaration, would “provide testimony with respect to her professional analysis, treatment, and evaluation of Plaintiff's emotional and psychological inj...

Excerpt: ...s to Plaintiff's exhibits 1‐3. Plaintiff's request for judicial notice of Plaintiff's exhibit 4 is objected to by Defendant and denied as the document is not subject to judicial notice for the purpose it is offered. (In re Vicks, 56 Cal. 4th 274, 314.) The Court may not take judicial notice of the truth of the contents of documents. (Ibid.) As a preliminary matter, the Court notes the purpose of the notice of demurrer and demurrer is to advise ...

Excerpt: ...ant to Evid. Code § 452(d). Plaintiff's request for judicial notice of a joint stipulation regarding the employment status of Defendant Whingming Lee, D.D.S. that was filed in this action is granted pursuant to Evid. Code § 452(d). Objections Plaintiff did not file any written objections to Defendants' evidence. The Court declines to rule on Defendants' objections as they were not material to the disposition of the motion. (CCP § 437c(q).) Ove...

Excerpt: ...opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendants SFC Marketplace, Inc. dba Seafood City and Young's Marketplace, Inc. dba Seafood City (“Defendants”) motion to compel arbitration is GRANTED as follows. Preliminary Matter The Court notes that this motion has been...

Excerpt: ...ion for leave to file a late claim against Respondents County of Sacramento and the County Board of Supervisors pursuant to Government Code § 911.6 based upon mistake, inadvertence, surprise or excusable neglect. The claim arose from an incident on November 17, 2019 in which she alleges that while serving as a probation officer she was sexually harassed and assaulted by a fellow County employee. The application to file a late claim was denied. T...

Excerpt: ...(1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) In this action, Plaintiffs seek to recover damages against their daughter Susana Oh's former employer Defendant Crossroads Diversified Services, Inc. Approximately four months after Susanna Oh was terminated based upon a perceived inability to perform e...

Excerpt: ...ent, failure to engage in the interactive process, failure to provide reasonable accommodation, failure to prevent discrimination, harassment and retaliation, retaliation in violation of Labor Code § 1102.5, and violation of Labor Code § 1198.5. Plaintiff filed another action against CDCR in February 2020 which alleges additional FEHA claims and other tort claims. The two actions were consolidated in January 2021. Plaintiff's claims arise from ...

Excerpt: ...ng judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiffs' request for judicial notice is denied as the matter was not material to th...

Excerpt: ...ce will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐ free) and enter 841 204 6267#. Appearance is required. Self‐represented Plaintiff Brian Adams' demurrer to Defendants Board of Parole Hearings and Jennifer Shaffer's answer is overruled. In his complaint “for injunction (Violation Regarding Public Records Act)” Plaintiff alleges a cause of action for “...

Excerpt: ...udgment. (ROA 1.) The judgment required Harrison to (1) cease and desist from harassment and discrimination in employment on the basis of sex, (2) pay real party in interest Linda Marie Boncore (“Boncore”) back pay plus interest in the amount of $8,778.35 and damages plus interest in the amount of $43,046.75, and (3) pay the State's General Fund an administrative fine plus interest in the amount of $14,348.95. (ROA 1.) On February 3, 2011, DF...

Excerpt: ...ing on Scripps' motion here. As noted, BTM produced Windy City Rehab “(WCR”) for Scripps, including Season Two during which the alleged defamatory statements were aired. Like Scripps, BTM moves to strike all of the claims in the complaint pursuant to CCP § 425.16 on the basis that they all arise from protected activity. As with Scripps' motion, BTM's motion must be granted. The Court's review of an anti‐SLAPP motion involves a two‐prong ...

Excerpt: ...tion with Defendants and obtained employment with First American but he was terminated after Defendants contacted First American and lied about him. In his second amended complaint he alleges causes of action for: (1) Breach of Contract, (2) Defamation, (3) Tortious Interference with Business Relationship, (4) Intentional Interference with Prospective Economic Relations, (5) Negligent Interference with Prospective Economic Relations, and (6) Negl...

Excerpt: ...PAGA”). Defendant is a non‐ profit corporation facilitating foster parenting and adoptions. Plaintiff was a youth counselor with Defendant. Plaintiff propounded requests for production which included requests 1 and 5 which asked Defendant to produce all documents reflecting the time worked by class members and all documents reflecting money paid to class members. The proposed class is defined as “all persons who worked for any Defendant in ...

Excerpt: ... challenges by raising questions of law. (Salimi v. State Comp. Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Quelimane Co. v. Stew...

Excerpt: ...ion arises from allegations that Defendant David Elliot (“Elliot”) sexually harassed Plaintiff at the Sacramento Wellness Center‐South facility. (SAC, ¶¶ 34‐45.) CSHC is a non‐ profit organization that offers clinical, social and wellness services to Sacramento County residents at the Sacramento Wellness Center. (SAC, ¶ 6.) Defendant Sacramento Steps Forward (“SSF”) is another non‐profit organization that seeks to end homelessn...

Excerpt: ...Defendants Castle Oaks Gold Management, LLC and Billy Casper Golf, LLC (collectively “Defendants”). Plaintiff commenced this action by filing a complaint on behalf of herself and other non‐exempt employees of Defendants. The operative pleading is the second amended complaint, which asserts seven causes of action for failure to minimum wages and overtime compensation, failure to provide meal and rest breaks, failure to pay final wages timely...

Excerpt: ... arising from the right to operate and control a cannabis dispensary operated by Metro. Baystone and Galletta entered into an Continuity Agreement in which Baystone agreed to pay $800,000 in exchange for a presence on Metro's Board that would provide control of Metro to Baystone. The agreement provided that Baystone would take over the day‐to‐day operations. At some time after Baystone completed the payments due under the agreement, Galletta ...

Excerpt: ...mbert”) on March 8, 2022. Although the declaration was filed after the deadline for an opposition, the Court finds Mr. Lambert received late notice of the pending motion and that issues of notice regarding the motion itself warrant consideration of this declaration. Defendant also filed a late letter opposition on March 8, 2022. However, there is no proof of service of Defendant's letter and the correspondence does not satisfy the requirements ...

Excerpt: ...gations arise out of a boating accident wherein Plaintiffs were hit by a boat operated by a defendant/employee of the State of California Department of Fish and Wildlife. (ROA 1.) Plaintiffs seek leave to amend the complaint by filing a First Amended Complaint (“FAC”) that does the following: (1) adds allegations in the first cause of action for negligence related to the Federal Inland Navigational Rules of the United States and (2) alleges t...

Excerpt: ...unable to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendant Ludmila Maliucov's motion to compel further responses from Plaintiff Jose Aranda‐ Valencia to Requests for Production of Document, Set One and Request for Monetary Sanctions is GRANTED I...

Excerpt: ...sel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendant Uber Technologies, Inc.'s (“Uber”) motion for summary judgment as to Plaintiff Cody Jacob Owens' (“Plaintiff”) Complaint is UNOPPOSED and GRANTED as follows. Legal Standard In evaluating a motion for su...

Excerpt: ...racts related to projects owned by Pacific Gas & Electric (“PG&E”). The first contract at issue is a written contract for a PG&E project in Chico, California (the “Chico Project.”) Plaintiff and Defendant entered into the subcontract agreement for the Chico Project on or about July 20, 2018. (Simson Decl. Ex. A.) Plaintiff avers that it fully performed the terms of the Chico Project contract. (Simson Decl. ¶ 7.) However, Defendant failed...

Excerpt: ...rict: (1) harassment ‐ race/religious creed under the Fair Employment and Housing Act (“FEHA”); (2) employment discrimination ‐ race/religious creed under FEHA; (3) retaliation under FEHA; (4) failure to prevent race/religious creed under FEHA; (5) failure to provide accommodation under FEHA; (6) failure to engage in the interactive process under FEHA; and (7) invasion of privacy. Defendant does not challenge Plaintiff's fifth or sixth ca...

Excerpt: ...nt to Business & Professions Code § 17200. Plaintiff is the president and founder of Greymark Development Group, LLC (“Greymark”) a real estate development, design and general construction firm specializing in the luxury market based in Chicago. (Comp. ¶ 7.) He also founded BE Custom Designs, LLC (“BE Custom”) which provides construction contracting services. (Id. ¶ 8.) Plaintiff alleges Alison Gramenos is an executive producer of the ...

Excerpt: ... Rule 3.769). The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited th...

Excerpt: ... the Kriplanis leased a commercial building to Cross‐Complainant pursuant to a written lease agreement (the "Lease"). On June 9, 2021, the Kriplanis filed a Complaint in which they alleged that CrossComplainant breached the Lease by failing to pay rent, and also breached the implied covenant of good faith and fair dealing by collecting a commission while acting as his own broker, despite his failure to pay rent under the terms of the Lease. On ...

Excerpt: ... premises. (See generally, Compl.) Defendant's instant motion seeks summary judgment of both causes of action in the Complaint. The Complaint alleges that “[w]hile Plaintiff was walking from the interior of the hotel to the exterior parking lot where her vehicle was parked, Plaintiff encountered the subject curb that had gouges and depressions that were painted over in yellow, thus camouflaging the defect in the curb. Plaintiff did not realize ...

Excerpt: ...tiff alleges causes of action for Dependent Adult Abuse, Negligence Per Se, Unfair Business Practices, Fraud, and Constructive Fraud. Plaintiff alleges that he was neglected while at Defendants' Adult Residential Facility. Plaintiff alleges that he is a 38 year old developmentally and physically disabled adult. (Comp. ¶ 2.) He alleges that he suffers from Cornelia de Lange Syndrome, a genetic disorder which causes a broad range of challenges. He...

Excerpt: ...association, breach of fiduciary duty, and breach of contract against Defendants. Defendant Ioannis Taliadoros's Cross‐ Complaint asserts causes of action for disassociation, breach of fiduciary duty, accounting, breach of contract, violation of the covenant of good faith and fair dealing, and fraud. According to the moving papers, Plaintiff's Subpoena for Production of Documents to Crickett Nicole Weaver (1) improperly seeks documents protecte...

Excerpt: ...erative pleadings, the Kriplanis leased a commercial building to Cross‐Complainant pursuant to a written lease agreement (the "Lease"). On June 9, 2021, the Kriplanis filed a Complaint in which they alleged that CrossComplainant breached the Lease by failing to pay rent, and also breached the implied covenant of good faith and fair dealing by collecting a commission while acting as his own broker, despite his failure to pay rent under the terms...

Excerpt: ...ows. This action stems from an incident on June 19, 2018, at EJ's Tires and Auto Repair. ("EJ"). Plaintiff was an auto mechanic employed by EJ. Defendant Ion Sirbu was employed by defendant TWT Express, LLC, and had brought a pick‐up truck with a trailer attached to EJ's to have the vehicle serviced. Defendant Sirbu claims that he was instructed to move the vehicle by employee(s) of EJ's while at the same time and unbeknownst to him, Plaintiff ...

Excerpt: ...endant Hill Physicians Medical Group's Opposition to Plaintiff's Motion for Preferential Trial Setting; Declarations of Eduard Uchio, M.D. and Elise D. Klein (ROA 53); (2) the “Declaration of Elise Klein in Opposition to Plaintiff's Motion for Preferential Trial Setting” (ROA 54); (3) the “Declaration of Edward Uchio, M.D. in Support of Defendant's Opposition to Plaintiff's Motion for Preferential Trial Setting” (ROA 55); (4) the “Oppos...

Excerpt: ...an earlier conditional review by the court; and (2) a later detailed review after the period during which notice is distributed to class members for their comments or objections. (Conte & Newberg, Newberg on Class Actions (Newberg) § 11.24 (4th Ed. 2002).) This procedure, which is commonly utilized by both federal and state courts, assures class members of the protection of procedural due process safeguards and enables a court to fulfill its rol...

Excerpt: ...ims for (1) rest period violations; (2) meal period violations; (3) failing to pay all earned wages; (4) wage statement violations; and (5) failing to reimburse business‐related expenses. Plaintiff also brings claims pursuant to the Private Attorneys General Act ("PAGA"). In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. (Dunk v. Ford ...

Excerpt: ... The Cross‐Complaint contains two causes of action. The motion was directed only at the second cause of action and was granted in full. On December 7, 2021, CrossComplainant filed a notice of appeal of the Court's anti‐SLAPP ruling. (ROA 26.) Cross ‐Defendants now seek $4,280 in attorney's fees and $120 in costs for bringing the antiSLAPP motion and the instant motion, a total of $4,400. Cross‐Complainant Sourdough & Co., Inc. f/k/a SFSE ...

Excerpt: ...so Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256...

Excerpt: ...mbert Davis' first amended complaint (“FAC”) pursuant to CCP § 425.16. (ROA 60) The FAC alleged causes of action for defamation, invasion of privacy, interference with prospective business and violations of the Unruh Civil Rights Act (Civil Code § 51). The Court concluded that the entire FAC was premised on protected conduct, specifically Defendants' conduct in warning visiting teams that Plaintiff might be getting free tickets from visitin...

Excerpt: ...on was commenced when Plaintiff Anne Marie Schubert and numerous other District Attorneys (“DA Plaintiffs”) filed a verified complaint for declaratory and injunctive relief. They alleged the CDCR failed to comply with the Administrative Procedure Act (APA) (Gov. Code, §11340 et seq.) when it enacted regulations on an emergency basis which increased the rate at which certain prisoners earned good conduct credit (“Regulations”). The DA Pla...

Excerpt: ... he voluntarily left to take a different position. (FAC ¶ 5.) He alleges that after he left public employment, he suffered adverse employment action due to “errors and omissions” by Defendant. Specifically, he alleges that Defendant's official records listed Plaintiff as “terminated.” (Id. ¶ 7.) Plaintiff alleges that he learned about the notation in his record in October 2017. He alleges he requested that Defendant correct his records ...

Excerpt: ... quadriplegic resident of Defendants' care facility, Dean Higgs, and alleged emotional distress injuries to his friend, Aguilar. This action was initiated on 11/10/15 (Register of Actions (“ROA”) 1) and was granted preference on 3/15/16 (ROA 28). The case proceeded to trial before this Court (Judge Richard K. Sueyoshi) in March of 2020. The trial is currently in recess. This case remains in between the completed bench trial phase and the rema...

Excerpt: ...intiff named the LLC and the various members, of which Defendant is one. According to Defendant, Plaintiff resigned as manager of the LLC on April 15, 2021. Since that time, the manager position has been vacant and the parties have not been able to agree on a manager. Defendant now seeks an order appointing him as manager so that the LLC can effectively wind up the business. Defendant also indicates that a manager is needed so that the LLC can ti...

Excerpt: ...dvise counsel 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 Plaintiff's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background On December 7, 2021, Plaintiff filed a Complaint against Defendant using the Judicial Council Form Complaint. (ROA 1.) Plaintiff's Complaint alleges that Defendant lost two...

Excerpt: ...ounds he is currently under investigation by the Roseville Police Department for the alleged sexual assault and will be unable to defend himself in this action while the investigation is pending because he is asserting the Fifth Amendment Privilege against self‐incrimination. On January 13, 2021, Defendant received three telephone calls from someone claiming to be a former patient. (Plesser Decl., Exh. C to Scharg Decl., ¶ 4.) On January 18, 2...

Excerpt: ...torney General Act of 2004, Labor Code § 2699, et seq. (“PAGA”). Plaintiff seeks to recover penalties on behalf of the following categories of aggrieved employees: (1) non‐exempt, hourly employees who were not paid final wages within 72 hours following their termination, (2) employees who were subject to salary deductions for alleged overpayments in July 28, 2020, (3) hourly, non‐exempt employees who were not provided copies of their per...

Excerpt: ...ainst Defendants on July 6, 2021. (ROA 20.) According to the FAC, Plaintiff is a former employee of Defendant California State Lottery Commission (“Commission”) who was forced to retire on December 29, 2018 due to her supervisor, Defendant Ernesto Medina, taking inappropriate and sexually motivated photos of her. (FAC, 9.) Plaintiff alleges that Medina took photos of Plaintiff numerous times and sent them to two colleagues via text message. (...

Excerpt: ...strict Support Facility Project (“Project”) owned by Plaintiff. (See ROA 90.) On May 7, 2020, Plaintiff filed a Complaint against Diede Construction, Inc. (“Diede”), the general contractor for the Project, and Travelers Casualty and Surety Company of America (“Travelers”). (ROA 98.) The Complaint alleges that the District and Diede entered into a contract whereby Diede agreed to build the Project but Diede breached the contract in num...

Excerpt: ...ately of the tentative ruling system and to be available at the hearing, via Zoom audio or video, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff filed its Complaint against Defendants VF Staffing, LLC, Accuire, LLC, and Michael DiManno (“VF Staffing,” “Accuire,” and “DiManno,” respectively; “Defendants,” collectively) on June 15, 2021. (ROA 1.) According to Plaintiff's Co...

Excerpt: ...mplaint against CSS for preliminary and permanent injunction, breach of contract, and to abate a nuisance. (ROA 1.) Later that same month, CSS filed a Cross‐Complaint against Landlord for breach of contract, breach of implied covenant, breach of covenant of quiet enjoyment, and declaratory relief. (ROA 31.) Both the Complaint and Cross‐Complaint concern a Net Lease Agreement (“Lease”) between Landlord and CSS for space (“the Premises”...

Excerpt: ...rate statement does not comply with CRC 3.1350(d) on the basis that Cal Fire incorporated UMFs from the first issue into later issues. Overview Plaintiff Anthony Morris (“Plaintiff”) was employed by Cal Fire as a Fire Apparatus Engineer until his involuntary separation based on Cal Fire's determination that Plaintiff was AWOL. Over the course of Plaintiff's career with Cal Fire, Plaintiff suffered numerous disabilities and injuries that requi...

Excerpt: ...ng and conferring, Plaintiff agreed to amend the complaint. However, no amended complaint has been filed. As a result, the Court will rule on the demurrer. Plaintiff is the sole surviving child of Curtis Mackey (the “Decedent”). Defendant is the Trustee of the Curtis Mackey, Jr. Trust (“Trust”) and the Decedent's wife. Plaintiff alleges causes of action against Defendant for 1) Breach of Trust; 2) Contest Validity of Trust; 3) Financial a...

Excerpt: ...ing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff Andre Watson aka Andre Ramon Watson's (“Plaintiff”) demurrer to Defendant Andrea Watson aka Andra Watson's (“Defendant”) Answer is UNOPPOSED and SUSTAINED with leave to amend as follows. Overview This is a partition action. Plaintiff alle...

Excerpt: ...e is UNOPPOSED and GRANTED as follows. In this employment action, Plaintiff alleges he was discriminated and retaliated against due to, inter alia, a physical disability respiratory condition, physical disability chronic condition, physical impairment respiratory conduction, physical impairment chronic condition, compromised immune system, multiple chemical sensitive syndrome, reactive airway disease, mental or psychological condition/disorder an...

Excerpt: ...ver Town Centre. Plaintiffs allege that on March 7, 2018, Defendant used the Rancho Cordova Police Department to serve a “Notice of Trespass‐Official Notice” while they were eating dinner at a restaurant at the shopping center. They allege the police took them out of the restaurant, questioned them and made them leave. They allege that they later discovered the police were told that there had been incidents of loitering, smoking, stalking, ...