Excerpt: ...ffered personal injuries in the March 21, 2013, automobile accident with Defendants. Specifically, and as relevant here, Plaintiff claims to have suffered a “traumatic brain injury” (or “TBI”) in the accident that caused a variety of impairments to her functioning, including trouble processing information, forgetfulness, an inability to focus, and frequent overstimulation. (Woodward Decl. Exh. 2.) Defendants served a Demand for a Physical...

Excerpt: ...rported doe amendments were filed on May 19 and 21, 2015, to amend Defendant “Stephanie Carter” to “Stephanie J. Carter.” (ROAs 62, 63.) Default was entered against Stephanie J. Carter on September 25, 2015. (ROA 73.) Default was entered against Darnell Haskins on October 5, 2015. (ROA 78.) Default judgment was entered against Defendants on April 19, 2017. (ROA 109.) The defaults and default judgment were set aside on May 16, 2018. (ROA 1...

Excerpt: ...r BCI, causing Plaintiff to fall and severely fracture her leg. Plaintiff contends that Mr. Lara was rushing and behind schedule. Mr. Lara denied this at his deposition. To assess the truthfulness of Mr. Lara's denial, Plaintiff requested documents from BCI about Mr. Lara's activity including time spent at each store on his route in the two weeks before the collision to evaluate whether Mr. Lara was ahead of schedule, on schedule, or behind sched...

Excerpt: ...es and costs to Defendants as part of the confidential settlement agreement would not result in taxable income to her, and advised her that she need not report such income on her tax return. Plaintiff contends the Internal Revenue Service (“IRS”) then served her with a notice of deficiency claiming an increase in her income tax and assessing a penalty for failing to report the monies as income. (Brown Decl. ¶¶ 3‐4.) Plaintiff declares she...

Excerpt: ...ppel, violation of Business & Professions Code 17200, and intentional infliction of emotional distress arising out of a foreclosure of their home. With respect to Defendant, Plaintiffs allege the sixth and seventh causes of action for breach of contract and negligence. Plaintiffs dismissed the eighth cause of action against Defendant for false promise. While the time to move to strike pursuant to CCP § 435(b)(1) has passed, the parties have stip...

Excerpt: ...n entered by the Clerk and not yet set aside, the Court has lost jurisdiction to address any action by the defaulted defendant other than a motion to vacate entry of default. (See, e.g. W. A. Rose Co. v. Municipal Court for Oakland‐Piedmont Judicial Dist. (1959) 176 Cal. App. 2d 67, 72.) “[T]he entry of the default terminates [the defaulting defendant's] rights to take any further affirmative steps in the litigation until either the default i...

Excerpt: ...gusta Legacy Properties, LLC's (“ALP”) demurrer to the crosscomplaint (“X‐C”) of defendants Epona Investment Group, LLC and Plaza Ave Apartments, LLC (collectively “Epona”) is ruled on as follows. Factual Background This is a subrogation action brought by plaintiff Mercury Insurance Company (“Mercury”) to recoup the expenses it incurred in connection with both the defense and settlement of habitability claims made against its in...

Excerpt: ...de § 2923.6 (dual tracking), 2923.7 (single point of contact), 2924.10 (written acknowledgment of receipt), 2924.17, Business & Professions Code §§ 17200 et seq., and declaratory relief. Among other things, Plaintiff contends that Ocwen Loan Servicing LLC paid off his loan in full in 2013 due to a "global settlement with the government." The Court previously granted Plaintiff's motion to compel Ocwen's compliance with a subpoena for production...

Excerpt: ...unction of a demurrer is to test the sufficiency of the pleading it 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.) A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) Extrinsic evidence may not properly be considered on demurrer or on ...

Excerpt: ...tice is granted, except as to Items G and H (Exhibits 2 and 3). Factual and Procedural Background In this qui tam action, Qui Tam Plaintiff Lindsay King has alleged a claim under the California False Claims Act ("CFCA") based upon allegations that Defendants were over billing Medi‐Cal by millions of dollars per month. Specifically, Qui Tam Plaintiff alleges Defendants were collecting monthly insurance premiums from Medi‐Cal for patients as to...

Excerpt: ...anuary 27, 2020. On November 8, 2019, Defendants served their vehicle inspection notice for December 10, 2019, to take place at Elk Grove Dodge. (Universal Decl.. Exh. A.) On November 12, 2019, Plaintiff's counsel emailed defense counsel and stated December 10 was not a good date but proposed December 11. (Universal Decl., Exh. B.) Plaintiff's counsel did not raise any other objections or conditions to the inspection notice at that time. (See id....

Excerpt: ...ion is granted and is ruled upon as follows. Plaintiff's request for judicial notice is granted. Factual and Procedural Background Qui Tam Plaintiff has alleged a cause of action under the California False Claims Act (“CFCA”) based upon allegations that Defendants overbilled Medi‐Cal millions of dollars per month through collecting monthly insurance premiums from Medi‐Cal for patients even though Defendants already received monthly insura...

Excerpt: ...FCA”) and individual employment law claims against Defendants. Defendants move to disqualify counsel on the basis that he is the spouse of Plaintiff/Qui Tam Plaintiff for the following reasons: (1) Mr. King simultaneously represents Plaintiff, who is his spouse, and the interests of the State of California through Plaintiff's CFCA claim against Defendants; (2) the unique nature of qui tam litigation demands the highest ethical standards from re...

Excerpt: ...upon price certain real property located in Sacramento County, along with another cause of action for breach of contract wherein plaintiff alleges monetary damages of at least $50,000. This matter was ordered to arbitration effective 6/2/2016. On 11/17/2016, plaintiff filed a motion to enforce settlement which was ultimately denied on 12/19/2016 without prejudice. On 2/9/2017, plaintiff filed a second motion to enforce settlement which was denied...

Excerpt: ...icial notice is granted. A prior action was filed in May 2015, but dismissed in January 2018, Sacramento Superior Court case no. 34‐2015‐00178934. Plaintiff then filed the instant action on April 10, 2018. The second amended complaint in this action was filed on October 23, 2018. Plaintiff's notice of motion indicates that “Plaintiff bases the second amended complaint (SAC) on the same general set of facts as the first amended complaint (FA...

Excerpt: ...ts. Plaintiffs allege that their counsel substituted in late 2018 and new facts have been acquired regarding the matter requiring the complaint to be amended. The motion is ruled upon as follows. The original complaint was filed in this action on April 10, 2018. A substitution of attorney for Plaintiffs was filed with the Court on November 19, 2018. In the proposed FAC, Plaintiffs seek to: (1) add Terry Kelley as a plaintiff; (2) correct Plaintif...

Excerpt: ...rchase Agreement (“PA”) wherein he agreed to purchase a condominium from Defendant for the price of $162,900.The PA included a provision for a seller's credit of $12,000, which would be paid to Plaintiff at the close of escrow, effectively reducing the purchase price to $150,900. During Plaintiff's VA loan application process, time for close of escrow passed without funding. Plaintiff then filed a lawsuit in February 2015 for specific perform...

Excerpt: ... the trial scheduled in Department 47. Defendant disclosed the experts on October 21, 2019. (Luckey Decl. ¶ 4, Exh. 1.) On October 24, 2019, Plaintiff served deposition notices for both experts with a deposition date of November 12, 2019. (Luckey Decl. ¶ 5, Exh. 2.) Defendant served objections to the deposition notices on November 7, 2019. Defendant objected on the grounds the depositions were unilaterally set and Defendant's counsel was unavai...

Excerpt: ...nses were due by July 15, 2019. Plaintiff did not provide the Court ordered responses and Defendant moved for terminating sanctions. On September 12, 2019, the Court denied Defendant's motion for terminating sanctions, but imposed monetary sanctions against Plaintiff and again ordered Plaintiff to provide the Court ordered discovery responses no later than September 23, 2019. Plaintiff has not provided the discovery responses, and Defendant now m...

Excerpt: ...row, LLC dba Jungle Dirt (“Kong Grow”), Lopez Ag Service, Inc., Alfred Lopez, and Does 1‐50. Plaintiff alleges causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) negligence, (4) products liability ‐ design defect, (5) strict products liability ‐ manufacturing defect, (6) negligent products liability, (7) negligent misrepresentation, and (8) fraud. The Court notes that Defendants M...

Excerpt: ...e ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Pla...

Excerpt: ...atements, and violated Business & Professions Code section 17200. Plaintiff seeks waiting time penalties and civil penalties under PAGA. The parties reached the settlement after a full day of mediation. Under the Settlement, in exchange for the releases provided in the Settlement Agreement and set forth in the Notice of Class Settlement, Defendant will pay $400,000 to establish a non‐reversionary Settlement Fund to pay for claims of the Class M...

Excerpt: ...eve George and Real Estates Portfolio Management, LLC but there is no proof of service on the remaining parties. Moving parties settled with defendants/cross‐complainants Steve George and Real Estates Portfolio Management, LLC. Moving parties will pay $50,000 in settlement of the claims. The parties settled following a mandatory [judicially supervised] settlement conference. The trial date is currently December 10, 2019. Settling defendants/ cr...

Excerpt: ...eived from LPL Financial is GRANTED in part and DENIED in part as follows. Judgment Creditor has a Judgment against the Judgment Debtor, which was originally entered on January 31, 2017. (ROA 167.) An amended judgment was entered on July 24, 2017, for the sum of $185,507.58. (ROA 203.) The judgment remains fully unpaid. (Lydel Decl.) At her debtor's examination on February 15, 2019, Judgment Debtor identified that she is a financial advisor with ...

Excerpt: ...h of the demurrers raises one or both of the two grounds that have been raised by defendants as a whole. Defendants' demurrers make one or both of the following arguments, that plaintiffs fail to sufficiently plead a cause of action for fraudulent concealment, and that plaintiffs have failed to sufficiently allege delayed discovery to overcome the statute of limitations as to all causes of action. Plaintiff Steven Villanueva was diagnosed with Ch...

Excerpt: ...nds Ms. Jacobsen is absolutely unavailable until January 2020 for a deposition and Plaintiff is not available until after her law school midterms on December 10, 2019. (Harrison Decl. ¶ 7.) Trial in this action is currently scheduled for December 16, 2019. On December 2, 2019, Plaintiff filed an ex parte application to shorten time to hear a motion to continue trial and related deadlines. The application was set for 12/3/2019 in Department 47. A...

Excerpt: ...on of Labor Code §226 [requirements for itemized wage statements]. On 6/17/2019 DTE filed a petition to compel arbitration which Code of Civil Procedure §1281.7 permits to “be filed in lieu of filing an answer to a complaint.” Rather than challenging the enforceability and/or applicability of the subject arbitration clause on which TDE's petition to compel arbitration was based, plaintiff chose to file the 1AC on 6/25/2019. As explained in ...

Excerpt: ...g. The litigation coordinator shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. Typically, the hearing date would automatically be continued one week plus one court day for oral argument. However, the Court Holidays, the hearing date shall be continued to December 4, 2019. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall ma...

Excerpt: ...before November 15, 2019. The litigation coordinator shall provide the tentative ruling to plaintiff Silus Mardel Valson. Appearance is required on December 4, 2019. Plaintiff shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant California Department of Corrects and Rehabilitation's (“CDCR”) demurrer to self‐represented plaintiff Silus Mardel Valson's (“Plaintiff”) First Amended Complaint ...

Excerpt: ...le Living Trust and any other party claiming an interest in the property were ordered to appear on November 26, 2019, at 2:00 p.m. in Department 53 of this Court, located at 813 6th Street, Sacramento, California 95814, to show cause why the Court should not order the execution sale of all judgment debtors legal and equitable interest in the property. On November 26, 2019, this hearing was continued on the Court's own motion to today's date, Dece...

Excerpt: ... does not take judicial notice of the truth of statements made in the bankruptcy court documents. Since the various motions to strike are for the most part the same, the Court is issuing one ruling for all of the motions to strike. However, the last item addressed in the motion present only in Rust‐Oleum's motion. Plaintiff Steven Villanueva was diagnosed with Chronic Myelogenic Leukemia in 2000. He alleges that the defendants' products caused ...

Excerpt: ...es, Robert Coupe, and Mark Beadleston, is not opposed and is granted as set forth below. Ghilotti's motion for monetary sanctions pursuant to Sections 2023.010, subds. (d) and (h) and 2033.280, subd. (c) against counsel for the crossdefendants in the sum of $1,185.00 for the failure to timely respond to the Requests for Admission is granted. On June 12, 2019, Ghilotti Bros., Inc. served separate requests for admissions upon Cross‐ Defendants Li...

Excerpt: ...ranted in part and denied in part as set forth below. Plaintiff's concurrent motion for monetary sanctions in the amount of $2,310 pursuant to Civil Procedure Code sections 2023.010(d)‐(e), (i), 2023.020, 2023.030(a), 2030.300(d), and 2031.310(h), is denied. Church's request for sanctions is also denied. Plaintiff Gilbert Barrow filed a complaint against defendants Chinese Methodist Church and Sally Wong alleging causes of action related to an ...

Excerpt: ...ccording to defendants, plaintiffs owed over $600,000 on their mortgage as of 2015 and have filed roughly 10 bankruptcy proceedings since 2010 in an attempt to stall the foreclosure process. Plaintiffs' first civil action was filed in 2016 and ended with a settlement in August 2017, wherein plaintiffs agreed they would not again file suit relating to their deed of trust or challenge foreclosure proceedings. The present action was commenced by Mr....

Excerpt: ...ne of the concrete stairs failed, causing him to fall awkwardly and injure his knee, neck, and lower back. On December 19, 2018, plaintiff Joseph Mercado (“Plaintiff”) noticed the depositions of Nader Afrooz and Daisy Afrooz to take place on January 3, 2019, in Plantation, Florida. (McLaughlin Decl. ¶ 2, Exh. A.) On January 9, 2019, this Court signed an Order granting Plaintiff's ex parte request to take the depositions outside of California...

Excerpt: ... ROA # 58.) The November 7, 2018 dismissal order is the subject of Plaintiff's motion. On January 25, 2019, this Court received a copy of the Third District Court of Appeal's Order granting Plaintiff/Appellant's application for a waiver of the appellate filing fee. (ROA # 65.) “Subject to certain exceptions not relevant here, ‘the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the...

Excerpt: ...Buchanan), Michael Eyolfson, M.D. (Dr. Eyolfson), Michael Suk, R.N. (Nurse Suk), Vincent Lee, M.D. (Dr. Lee), David Keene, M.D., Kaiser Foundation Health Plan, Inc., The Permanente Medical Group, Inc. and Kaiser Foundation Hospitals (collectively “Defendants”) to the first amended complaint (FAC) is SUSTAINED in part and OVERRULED in part. Defendants' request for judicial notice filed with the moving papers is GRANTED. On its own motion, the ...

Excerpt: ...atters stated therein. The FAC alleges that Plaintiff was hired at UC Davis Medical Center in April 2002 and assigned to work within the Blood Bank section within the laboratory. (FAC at ¶ 7.) Plaintiff alleges that, sometime after he was hired, he was reassigned to work in the Specimen and Reporting Center ("SARC") in a position that was not within his classification. (FAC at ¶ 8.) Plaintiff further alleges that he requested to be tran...

Excerpt: ...e discovery. Defendant is ordered to serve verified further responses to the Special Interrogatories set forth in the separate statement, without objections, on or before February 21, 2019. Plaintiffs' Motion for Issue and Evidentiary Sanctions is denied, without prejudice to seeking them from the trial judge should the discovery not be provided. Plaintiffs seek issue and evidentiary sanctions pursuant to Code of Civil Procedure §§ 2023.030...

Excerpt: ...quest in 2007 on an hourly basis but remained a resident of Florida. Included in her pay were all expenses incurred for travel to and from her home in Florida to California. She contends Cal Worthington asked plaintiff to move back to California and work for him "as long as she wanted." Plaintiff alleges she was the Outside Successor Co‐ Trustee of the Trust and the Secretary and CFO of all companies owned by the Trust. During the years...

Excerpt: ...ovided plaintiff with his correct home address, 5049 Trouville Lane, Sacramento, 95835 but that he was never served at that address. Defendant, who is a male, was purportedly personally served on March 2, 2018 at 1421 Exposition Blvd, #77, Sacramento, CA 95815. The description of plaintiff is :"a black female approx. 25‐35 years of age, 5'8"‐5'10" tall, weighing 180‐200 Ibs, with black hair. The proof of service in suppo...

Excerpt: ...tten and that a copy of the agreement is attached to the complaint. The attachment, however, is a 1992 memorandum providing that Chua will receive $30,000 of Ganal's life insurance proceeds should he die. The attachment directs Ganal's wife to pay the $30,000 in life insurance proceeds. It also provides that Chua “has control over all personal properties inside [Ganal's] house.” Ganal asserts that he is alive and, therefore, that a condition ...

Excerpt: ...sed as a "Certified Pre‐Owned" vehicle from one of Defendant BMW of North America LLC's ("Defendant" or "BMW NA") dealerships. On May 8, 2018, just before trial was scheduled to commence, the parties reached an agreement to settle the action under which Defendant would repurchase the Vehicle and pay an agreed amount for Plaintiffs alleged damages, with Plaintiffs' attorney fees and costs to be determined by agree...

Excerpt: ...ale of the Property. Thereafter, after oral argument on the Order to Show Cause re Preliminary Injunction on June 26, 2018, the court denied the Preliminary Injunction and dissolved the TRO. (RJN, Exhs. 11,12.) Of course, “[t]he granting or denying of a preliminary injunction does not constitute an adjudication of the ultimate rights in controversy.” (Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, 286.) A defendant may move for judgment ...

Excerpt: ... Bar of California for almost 35 years. (Compl., 2.) Plaintiff began working at DOC on or about June 27, 2012 as an Attorney III. (Id., 4.) Her duties included working on personnel matters and reviewing DOC contracts with third parties. (Id., 5.) In or around August 2015, DOC entered into a consulting contract with Alexan International, Inc., an information technology contractor specializing in database architecture. (Id., 8.) Alexan recommended ...

Excerpt: ...g Memorandum of Points and Authorities, DGS characterizes the current motion as follows: This is DGS's second summary judgment motion brought on grounds of design immunity under Government Code section 830.6. The Court denied the first motion finding DGS did not meet its initial burden of proof by attempting to establish facts through judicial notice. The order did not state the denial was with prejudice. DGS now submits a second motion based...

Excerpt: ...e request for a 60‐day continuance to permit discovery is DENIED. Defendants and opposing parties herein Raymond Sahadeo (Sahadeo) and Dhanraj Sahadeo (Dhanraj) (collectively “Defendants”) speculate that discovery in a different case might yield favorable information about the real property transfers that gave rise to this lawsuit. (See Opp. at 11:15‐12:11.) Given the speculative nature of the request, and given the waste Defendants appea...

Excerpt: ...er provided alternative dates for the depositions. In response to the motion, Defendants state that due to counsel's preparation for the March 12 trial in the case of Lovenstein vs. Eskaton Fountainwood Lodge (Case No. 2012‐ 00135467) also pending in this court, no deposition dates could be provided to plaintiffs. The Court is aware that the Lovenstein case has involved extensive law and motion practice and the taking of numerous deposition...

Excerpt: ...32, 1033.5 and 2033.420 is GRANTED in part and DENIED in part. On its own motion, the court takes judicial notice of 99 Cents' 11/28/18 Moving Memorandum of Points and Authorities in support of its motion for summary judgment. The Clerk of the Court is directed to change the security clearance on the Declaration of James Pagliero filed on 11/28/18 so that it is not available for public viewing. The declaration contains unredacted social security ...

Excerpt: ...ears proper on its face. (Foothill‐ De Anza Community College Dist. v. Emerich (2007) 158 Cal.App.4th 11, 29‐30.) "If so, the burden is on the objecting party to show [the costs] to be unnecessary or unreasonable." (Id. [quoting Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131] [brackets in original].) Where costs are not expressly allowed by the statute, the burden is on the party claiming the costs to show that the charges were rea...