Excerpt: ...iffs allege causes of action for breach of contract and breach of the implied covenant of faith and fair dealing against Nationwide. They also allege a negligence cause of action against Nationwide, Bullseye Leak Detection, Inc., and American Leak Detection, Inc. They also allege a professional negligence cause of action against Nationwide and Ali Moradi. Plaintiffs allege they filed claims under their homeowners' with Nationwide regarding the wa...

Excerpt: ...states, LLC (2007) 152 Cal.App.4th 1106, 1117-18.) However, the Court does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (ld.) In this action Plaintiff Monica Mitchell alleges numerous causes of acton against Defendant arising out of allegations that Defendant committed sexual assault and battery against her during medical treatment. Plaintiff also alleges ...

Excerpt: ...s required by Local Rule 1.06(D). Counsel for Defendant is ordered to notify Plaintiffs' counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06(B). The Court further notes counsel for Defendant has failed to comply with this rule on prior similar motions in other matters. Counsel is dire...

Excerpt: ...ompel arbitration as to Elk Grove Dodge but denying the motion to compel arbitration as to FCA (Sohal Decl., Exh. 1.) The Court's order also stayed the action pending resolution of the arbitration. (Ibid.) On December 8, 2022, Plaintiff voluntarily dismissed the claims against Elk Grove Dodge. (Sohal Decl., Exh. 2) Plaintiff now requests the Court lift the stay so that Plaintiff may proceed with its claims against FCA. Defendants oppose the moton...

Excerpt: ... ("OCIC") and makes various other changes to clarify and organize the pleading. (See Notice; Plaintiff's Exh. 1.) As a general matter, "[tlrial courts are vested with the discretion to allow amendments in the furtherance of justice... That trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy in this state...restng on the fundamental policy that cases should be decided on the merits." (H...

Excerpt: ... a challenge to temporary regulations promulgated by CDCR that award inmates sentence-reducing credits for sustained good behavior, educational achievements, and participation in rehabilitative programming. CDCR adopted the regulations in accordance with Proposition 57, passed in 2016, which added Article l, section 32 to the California Constitution. Article l, Section 32 authorizes and directs the CXR to adopt regulations that award credits for ...

Excerpt: ... Department of ("CalTrans") demurrer to the first, second, third, fourth, fifth, sixth, seventh, and tenth causes of action of Plaintiff Jennifer Gagnon's ("Plaintiff") first amended complaint ("FAC") is ruled upon as follows. Overview This is an employment action. Plaintiff alleges that CalTrans hired her on June 2015 as an environmental planner in the Oakland office. (FAC, '1 18.) Plaintiff became pregnant in September 2015. She alleges that he...

Excerpt: ...Sharif Davalatberki ("Davalatberki"). Plaintiffs allege Mr. Davalatberki was driving the truck on Defendant Amazon Logistics, Inc.'s ("Amazon") and Defendant Tojikon, Inc.'s ("Tojikon") behalf. The traffic collision report indicated that Amazon was the motor carrier and Tojikon was the owner of the vehicle. (Park Decl. 'l Exh. 1.) Amazon's opposition argues that it is a "stretch" to believe that a police offcer would know how to correctly identif...

Excerpt: ...al architecture system and the transmission. Plaintiff seeks to compel Defendant to produce a person most knowledgeable ("PMK") with respect to 35 topics. The subject PMK topics deal with repairs to the subject vehicle, technical service bulletins related to the alleged defects, recalls, refusal to repurchase the subject vehicle, warranty policies, repair procedures, etc. Plaintiff first noticed a PMK deposition for a May 6, 2021 date but then se...

Excerpt: ... for judicial notice is granted as to requests 14 which consist of the complaint, Defendant's amended answer, the recorded grant deed for the Property, and the recorded severance of joint tenancy regarding the Property. Defendant did not oppose these requests. However, the request for judicial notce is denied as to requests 5-10, as to which Defendant objected. Request 5 consists of portions of Defendant's deposition testimony which as explained ...

Excerpt: ... without redaction for attorney‐client privilege is DENIED. Defendant's request for judicial notice in support of its reply is granted. On September 20, 2021, Defendant served Requests for Production, Set Three, containing two RFPs, numbers 57 and 58, which seek communications between Plaintiff and two individuals. (Kitzes Decl. ¶ 5.) At issue here is RFP number 57, which seeks “ALL COMMUNICATIONS, including emails and text messages, between...

Excerpt: ...2017. Plaintiff worked in the Elk Grove OB/GYN department as a licensed vocational nurse. Plaintiff filed her original Complaint on June 12, 2018, and the operative First Amended Complaint (“1AC”) on August 21, 2018. The 1AC alleges causes of action for: (1) CFRA interference; (2) violation of Health and Safety Code section 1278.5; (3) adverse employment action in violation of public policy; and (4) defamation. Defendant moves for summary adj...

Excerpt: .... Moving counsel is directed to contact Plaintiff's counsel and advise 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. Plaintiff's request for judicial notice in support of Plaintiff's opposition is granted. In taking judicial notice of these documents, the Court accept...