Excerpt: ...ants are not named as defendants in the title caption of the First Amended Complaint and no causes of action are ostensibly stated against them. The defendants previously demurred to Plaintiff's complaint. However, the demurrers of defendants Krista Kastanos, Donald Lee Manning, Theresa Ann Huff, and Fern M. Laethem were stricken because their defaults had been entered prior to the filing of their demurrers. Their motions to set aside the default...

Excerpt: ...ucts Liability Manufacturing Defect), Second Cause of Action (Strict Products Liability ‐ Failure to Warn), Fifth Cause of Action (Negligence) and Sixth Cause of Action (Loss of Consortium). Plaintiffs oppose the demurrer. Plaintiffs' Mark and Ann Montgomery's ("Plaintiffs") Second Amended Complaint against MicroPort Orthopedics Inc. is based upon an allegedly defective prosthetic hip device that was implanted into Mr. Montgomery...

Excerpt: ...a, to post Security under CCP 1030 is denied. Amaya's Request for Judicial Notice is denied is granted. The Court notes that on January 20, 2019 a request for a fee waiver was filed. No fee waiver has yet been granted. Plaintiff seeks monetary, declaratory, and injunctive relief arising out of alleged violations of the Unruh Civil Rights Act ("Act") whereby defendant innkeeper would not allow plaintiff to rent a room because he was a ...

Excerpt: ...t protrude below the bottoms of the exhibits. (CRC 3.1110(f)(3).) Westchester's counsel are advised to review the formatting requirements in CRC 3.1350(f).) Westchester's opposing separate statement does not properly describe the evidence substantiating disputes of material facts. (Westchester filed a correct version on 2/19/19, which was after CARB registered its objections in the reply.) In its discretion, the court has considered the oppositio...

Excerpt: ...unsel did not return phone calls. Because the parties met and conferred by telephone before the demurrer to the original Complaint was filed, and, because in light of the ruling on the demurrer plaintiff has not cured the defects, the Court is not requiring a further meet and confer in person before this demurrer is ruled upon because it is apparent that no cause of action can be stated as a matter of law. Under such circumstances, a plaintiff ma...

Excerpt: ...ed for the February 1, 2019 hearing on plaintiff's motion for attorneys fees. As of February 20, 2019, it does not appear that anything has been filed pursuant to this court's order. The Court anticipates that the parties will either present a proposed formal order on this motion after meeting and conferring as to the amount of the attorneys fees award, or will request oral argument on the motion in the event they cannot reach an agreemen...

Excerpt: ..."CDCR"). The Complaint alleges that Doe Defendant R. Gonzalez, disrupted a religious service at Valley State Prison in Chowchilla, California. CDCR brings its demurrer on several grounds, that (1) plaintiff failed to adequately plead compliance with the applicable tort claims statutes; (2) plaintiff failed to allege that he exhausted his administrative remedies within the prison; (3) plaintiff failed to state a claim for negligence in his...

Excerpt: ...fs”). Davis alleges that Nurse Mullin and others provided her with pain management services. Florez and Tovar allege that Nurse Mullin was their coworker and supervisor. Nurse Mullin's Co‐ Defendants are his most recent employers, Advanced Pain Diagnostic & Solutions, Inc. and Kayvan Haddadan, M.D. According to Davis, Nurse Mullin grabbed her breasts during appointments. She also alleges that Nurse Mullin made telephonic and other graphic, un...

Excerpt: ...formation Services, LLC's (collectively "Equifax") is SUSTAINED in part without leave to amend and OVERRULED in part. Overview In the second amended complaint (SAC), Plaintiff Nabil Samaan (Plaintiff) alleges that he owns multiple residential properties, which he purchased with loans serviced by codefendants Wells Fargo Bank, N.A., Cenlar Agency, Inc. and PennyMac Loan Services, Inc. (the Servicers). The Servicers report Plaintiff's m...

Excerpt: ...Lias‐Gatlin guaranteed the lease. The matter was originally set for January 23, 2019 and issued a tentative ruling granting the application. The Court vacated the tentative ruling after Defendant appeared at the hearing and requested a continuance to obtain counsel. It was affirmatively represented she would do just that. Defendant thereafter filed an approximately 2 page declaration/opposition stating that the amount sought is not reasonable a...

Excerpt: ...anctions in the amount of $190. The responses to the discovery were due on December 4, 2018. Plaintiff did not provide the court ordered responses nor did he pay the sanctions. (Declaration of Stewart) Trial in this matter is set for April 2, 2019. Defendant's Motion for Summary Judgment is set for hearing on March 1, 2019. A trial court must be cautious when imposing a terminating sanction because the sanction eliminates a party's fundam...

Excerpt: ...o the same, but no greater, consideration than other litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co.(1986) 186 Cal.App.3d 941, 944.) Thus, as is the case with attorneys, self‐represented litigants must follow correct rules of procedure (Nwosu v. Uba(2004) 122 Cal.App.4th1229, 1246‐1247; see also Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984.) On July 24, 2018, NCCS served form interrogatories on Plaintiff. Plaintiff faile...

Excerpt: ...employment action Plaintiffs allege causes of actions of action for wrongful termination in violation of public policy, disability discrimination in violation of FEHA, failure to prevent harassment/discrimination/retaliation in violation of FEHA, harassment in violation of FEHA, retaliation in violation of FEHA, retaliation in violation of Labor Code § 1102.5, failure to pay wages in violation of Labor Code § 201, failure to furnish wage and ho...

Excerpt: ...pient of the money was the person who was the designated payee of the check. Analysis The court finds that the facts alleged in the complaint are insufficient to state a valid cause of action against Bank. First, plaintiff has failed to indicate what theory of liability is being asserted against Bank and to the extent the theory might be negligence, the first amended complaint does not plead facts which establish that Bank owed any duty of care t...

Excerpt: ...supplemental briefing if needed should additional facts or evidence be discovered relevant to the motion. No further briefing has been field. However, defense counsel filed a supplemental declaration indicating plaintiff Eusebia Santiago (“Plaintiff”) has not produced a copy of the loan modification allegedly entered into with Mr. Cooper. Plaintiff's motion for issuance of preliminary injunction is ruled upon as follows. This is a nonjudicial...

Excerpt: ...d 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. *** Defendant Jimboy's North America, LLC's (“JNA”) motion for summary judgment/adjudication on plaintiffs Jimboy's Marketing, Inc. (“JMI”) and Bellagrace, Inc.'s (“BGI”) Third Amended Complaint (“3AC”) is ruled on as follows. Although the notice of...

Excerpt: ...cle collision. Defendant was convicted of a felony in connection with the collision. Plaintiff issued a business record subpoena to Schools Financial Credit Union seeking documents related to the financing and leasing of the defendant's 2010 Audi A4 that was involved in the collision. The subpoena seeks: (1) Any and all documents reflecting the financing and/or leasing of the 2010 Audi A4; (2) Any and all documents reflecting any co‐signers...

Excerpt: ...hoop fell on him. At issue on this motion are the District's responses to Plaintiffs' Form Interrogatories 12.2 and 12.3. The District refused to provide a response to the interrogatories and interposed objections, including ones based on attorney‐client and the attorney work product doctrine. The District identified four witnesses in its response to No. 12.1. Three of the witnesses are District employees and one is a student. At the outset, wh...

Excerpt: ...vide restitution in an amount equal to the actual price paid or payable for the vehicle (plus incidental and consequential losses less a “reasonable mileage offset”), two times actual damages, and attorney fees and costs “to be…determined by court motion if the parties cannot agree.” Plaintiff appears to have accepted this offer on 11/28/2018. Plaintiff now moves to “enforce” defendant's Code of Civil Procedure §998 offer, requesti...

Excerpt: ...ose Consulting Corporation (“Ambrose” or “Defendants”) alleging five separate causes of action: (1) Physical Invasion of Privacy against all Defendants (Cal. Civ. Code §1708.8); (2) Trespass; (3) Fraud; (4) Negligent Misrepresentation; and (5) Unfair Business Practice. Defendants move to strike all five causes of action upon the ground that AHC and ARA allege constitutionally protected activity and that the claims against Defendants aros...

Excerpt: ...parties entered into a valid and binding settlement, and the material terms thereof. ((Viejo Bancorp, Inc. w. Wood (1989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182‐83.) Judgment may be entered under section 664.6 whether the parties are complying with the terms of the agreement or whether they are not. (Viejo Bancorp, 217 Cal.App.3d at 209, fn.4.) By enacting Code of Civil Procedure section 664.6 i...

Excerpt: ...Plaintiff's responses to discovery and deemed requests for admission admitted. The December 7, 2018 order denied the EDD's motion for terminating sanctions based on Plaintiff's failure to provide the court ordered discovery but again ordered Plaintiff to respond and imposed monetary sanctions of $900. In connection with both motions Plaintiff attempted to file oppositions just prior to the hearings. Plaintiff now seeks to set aside the discovery ...

Excerpt: ...a legal conclusion, etc., are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3.1352, 3.1354.) The Court need not rule and does not rule on Defendant's objections to evidence submitted on reply. (See Code Civ. Proc. 437c(q).) Factual and Procedural Background In this putative class action, plaintiffs Muhammad Chaudhry and Abeda Chaudhry (collectively, “Plaintiffs”) claim they purchased lamb meat...

Excerpt: ...pp. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.) For example, courts cannot take judicial notice of the truth of statements in transcripts or declarations even though they are part of the trial court record. (Sosinsky, supra, 6 Cal.App.4th at p. 15...

Excerpt: ...th 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 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not entitled to notice.”]; Sosinsky v. Grant...

Excerpt: ...es, Inc. (1998) 64 Cal. App. 4th 1252, 1255. A court may not grant summary judgment, except to a party moving for such relief and complying with all of the requirements of section 437c. Id. at p. 1254. Moving party served the motion by mail on December 6, 2018, which is 75 days before the February 19, 2019, hearing date. Absent stipulation of the parties, this is insufficient notice under Code of Civil Procedure section 437c(a), which requires no...

Excerpt: ...lleges Defendant knew of the vehicle's oil consumption engine defect, yet failed to repurchase Plaintiff's vehicle. Plaintiff now seeks leave to add a claim for fraud by omission under California common law. Plaintiff contends the fraud claim arises from the same nucleus of operative facts. Plaintiff states this analogous claim alleges Defendant knew of the alleged oil consumption engine defect, yet failed to disclose the defect to Plaintiff at t...

Excerpt: ...mber 14, 2018, to take place on January 7, 2019. Eskaton served objections on January 2, 2019 and, thereafter, the parties began the meet and confer process. Plaintiffs state they met and conferred with Eskaton's counsel on January 11th, 15th, 22nd, and 23rd. On January 23, 2019, Eskaton presented February 25th as a date for Mr. Fife's deposition, but stated he may not be available because of an upcoming facility survey by the state. Plai...

Excerpt: ...ee, issued by plaintiffs Robert Tellesen, J. Paul Muizelaar, and Vogue Homes, Inc., is granted in part as set forth below. Defendant move pursuant to Code of Civil Procedure sections 1987.1 and 2025.420 on the grounds that the plaintiffs' subpoena seeking Dr. Lee' personal bank account information: (1) violates Civil Code section 3295 which prohibits pre‐trial discovery by the plaintiff of evidence of the financial condition of the defendant un...

Excerpt: ... of the contempt. Status briefs were ordered to be served and filed by 2/12/19. Suncountry Owners Association filed a Joint Status Conference Statement. Mr. Thompson has not filed a separate statement. Suncountry represents that conduct alleged to violate the court's judgment of July 10, 2018, still persist. Suncountry requests that the Court affirm its tentative ruling issued on January 15, 2019, with the exception of setting a different dat...

Excerpt: ...a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail at an address specified on the deposition record.” (emphasis added.) The proof of service in the Court's file lists the Sacramento Sheriff's Department and its address, but the proof of service does not indicate the method of service in what appears to be a clerical oversight. The...

Excerpt: ...by a piece of broken glass that was in the landscape bark. After surgery on her Achilles tendon, Plaintiff developed a pulmonary embolism. In support of the motion, Wal‐Mart contends that plaintiff's injury was not foreseeable as a matter of law, therefore no duty was owed to plaintiff to maintain the planter area in a safe condition [e.g. sans glass shards]. Walmart presents the following facts in its separate statement: On September 4, 20...

Excerpt: ... (collectively “Plaintiffs”). Wyatt describes himself as an independent contractor who suffered severe electrical shock after he reset a breaker on a dangerously defective electrical panel. Plaintiffs fault Fire Industries and others for their injuries. Fire Industries' cross‐complaint contains causes of action for equitable indemnity, contribution and “apportionment of fault.” Fire Industries identified KW as Roe CrossDefendant No. 2. ...

Excerpt: ...f issues is DENIED. DGS' counsel, Bart E. Hightower, is advised in the future not to file or lodge volumes of exhibits without exhibit tabs that protrude from the bottom of the exhibits. (CRC 3.1110(f)(3).) Overview This case presents an employment dispute. The plaintiff is Terry Bailey (“Bailey” or “Plaintiff”). Bailey identifies as African‐American and homosexual. (First Am. Compl. (FAC), ¶ 14.) Bailey has served DGS as a custodian s...

Excerpt: ...in part. On November 19, 2018, Defendant filed the instant “Renewed” Motion for Summary Adjudication. Defendant's Notice of Motion states that this “Renewed” Motion for Summary Adjudication is filed pursuant to Code of Civil Procedure § 437c(f)(2) and § 1008(b). Legal Standards “[A] party is prohibited from making, and the trial court from granting, a motion for reconsideration unless the requirements of [Code of Civil Procedure] sect...

Excerpt: ...ober 5, 2018, the Court granted Defendant Economic Development Department's (“EDD”) motion to compel Plaintiff's responses to discovery and deemed requests for admission admitted. Prior to that hearing, plaintiff served a late opposition that was not considered by the court. On December 7, 2018, the Court denied the EDD's motion for terminating sanctions based on Plaintiff's failure to provide the court ordered discovery, finding that such re...

Excerpt: ... allegations of unfair competition. The trial date is 6/17/19, and the last day to notice a motion for summary judgment is 3/01/19. (See Reply at 1:8‐9.) On 6/22/18, Defendants served notices of Plaintiffs' depositions, and the depositions were to take place at defense counsel's San Francisco offices on 7/16/18 and 7/17/18, respectively. (See Julian Decl., ¶ 5 & Exhs. 1‐2.) Plaintiffs did not serve written objections. (Id., ¶ 5.) After defe...

Excerpt: ...n order compelling further responses to special interrogatories and document requests is GRANTED in part and DENIED in part. Overview In a prior discovery order, the court summarized the action as follows: “Mastagni is suing Defendant Ellis Law Group, LLP ('Ellis' or 'Defendant') for breach of contract. Mastagni's key allegations are: Plaintiff and Defendant associated as co‐counsel in connection with a workers compensation cl...

Excerpt: ..., 2018 and now rules as follows: After taking this matter under submission on December 18, 2018, the Court determined that further briefing was necessary to ensure all the evidence in support of the motion was in admissible form. Plaintiff's additional briefing inexplicably contains no declarations or other admissible evidence. Plaintiff's Request for Judicial Notice filed January 25, 2019 is granted only as to the existence of the points...

Excerpt: ...was served by substituted service on October 30, 2011 at 975 Fulton Ave. Apt 488, Sacramento CA, 95825 by leaving a copy of the summons and complaint with a "John Doe." Default and default judgment were entered July 31, 2012. Defendant states he has never lived at this address nor received mail at this address. He states that he lived at 617 26th St. Apt. 4, Sacramento, CA 95816, which averment is supported by his bank records from the sa...

Excerpt: ...at Petitioner failed to timely and "formally" institute arbitration proceedings within two years of the accident date. Insurance Code §11580.2(f) requires that an uninsured motorist policy contain a provision requiring arbitration by a single neutral arbitrator. The Court shall order the parties to arbitrate a controversy “if it determines that an agreement to arbitrate the controversy exists…” (CCP § 1281.2.) Further, CCP § 1281...

Excerpt: ...sued a citation against Respondent for unpaid minimum wages, unpaid overtime wages, statutory liquidated damages, and penalties in the amount of $903,085.32. (Locker Decl. ¶ 2, Exh. A) The citation covered the period of time between July 1, 2014 and March 15, 2017. Respondent filed a notice of appeal of the citation pursuant to Labor Code § 1197.1 The hearing was scheduled for January 22, 2019, but has been postponed to allow for the instant mo...

Excerpt: ...ng Papers. Defendants insist that in light of their express admission of liability for the subject accident and defendant Turner's “complete lack of knowledge or information whatsoever with respect to plaintiff's claimed damages,” there is no legitimate reason for plaintiff to persist in her efforts to depose defendant Turner and going so far as to subpoena him. According to defendants, their admission of liability “renders moot all issues ...

Excerpt: ...33.280(c).) The court acknowledges plaintiff's contention that some of defendant C4 Connections, LLC's responses to the requests for admissions fail to indicate a “reasonably inquiry” was made but this failure alone does not warrant an order deeming the admissions admitted and notably, plaintiff here has not filed a motion to compel further responses pursuant to Code of Civil Procedure §2033.290 in which he could have challenged this alleged...

Excerpt: ...efendant shall serve verified further responses to Plaintiffs' request for production of documents (set two) as requested in the moving papers. Plaintiffs' request for monetary sanctions is granted.. The Court awards sanctions of $660 ($300/hr x 2 hrs + $60 filing fee) to Plaintiffs from Defendant. While Defendant did not oppose the motion Plaintiffs have been forced to file numerous discovery motions over the past few weeks, none of which Defend...

Excerpt: ...n matters. *** Defendant Nationwide Mutual Insurance Company's (“NMI”) motion to compel plaintiff Starks' further responses to Special Interrogatories and Form Interrogatory 17.1 is GRANTED IN PART and DENIED IN PART, as follows. The notice of motion 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 th...

Excerpt: ...and special interrogatories on 1/26/2018 and the latter subsequently obtained an extension which expired on 3/30/2018. Unverified responses to the interrogatories were served on 9/28/2018 and verified responses were served on 11/5/2018. On 12/6/2018 plaintiff sent a meet‐and‐confer letter which by its own terms was limited to the fact that defendant's responses impermissibly included objections which were previously waived by virtue of defend...

Excerpt: ...I. Plaintiff brings these claims as a representative action under the California Private Attorneys General Act ("PAGA"), Cal. Labor Code §§2698, et seq.. Plaintiff contends that under the case of Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal. 4th 348 (2014) all claims asserted in the FAC seek PAGA penalties only and are therefore not subject to arbitration. Defendant contends Plaintiff's Complaint seeks not only the civil penalti...

Excerpt: ... his complaint on 6/12/2017, and a first amended complaint on 10/22/2018. Plaintiff alleges that he joined the basketball team in September 2015. During practice, at huddles and conferences on the basketball court, Kayden N. and defendant coach Stephen Bunch (“Bunch”) would not only, condone, encourage, and allow, but actually also authorize, encourage, and "join in on", and openly engage in such sexual banter. He alleges that on Febr...

Excerpt: ...010, Nagra was no longer able to make the mortgage payments and the property was in foreclosure proceedings. The property was listed for short sale and was purchased by plaintiffs Tony Singh and Jajur Singh for $150,000. Title was taken in the name of plaintiff, Diljit Kaur, on September 10, 2010. A Note was executed on September 8, 2010, in which Reshna Kaur, Nagra's daughter, agreed to repay the $150,000 in monthly installments of $1,000 for a ...