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

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

Excerpt: ... available at oral argument on December 15, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Defendant Kathleen Allison's motion to dismiss is granted. Defendant Governor Newson's joinder filed on December 1, 2022 and served on November 30, 2022 is denied. A joinder is only timely “if it is served and filed wi...

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

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

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

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

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

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

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

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

Excerpt: ... and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The Court notes that the complaint in this action is substantively identical to the complaint filed in Sacramento Superior Court Case No. 2022‐ 00318900 entitled B.W. v. County of San Bernardino, and that the present demurrer and the opposition thereto are lik...

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

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

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

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

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

Excerpt: ...ected to have Plaintiff Troy Anderson available at oral argument on December 15, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Plaintiff Troy Anderson's (“Plaintiff”) motion to appoint counsel is denied. This is an unlimited civil action for damages. Under California law, there is no general right to coun...

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

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

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

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

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

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

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