Excerpt: ...motion is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving parties are ordered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). A trial court's authority to disqualify an attor...

Excerpt: ... (ROA 7.) Default was entered against Defendant on June 3, 2013. (ROA 13.) Judgment was filed and entered on June 3, 2013. (ROA 9, 14.) Defendant now moves to set aside the default judgment pursuant to Code of Civil Procedure section 473. Defendant declares: “I was not properly served with the Summons and Complaint in this matter, nor was served with the following: a) Notice of Levy under Writ of Execution, b) Writ of Execution, and c) Memorand...

Excerpt: ...iffs Helen Williams and Phillip Bangs' (collectively “Plaintiffs”) motion to compel Defendant Manor Care of Citrus Heights CA, LLC's (“MCCH”) further responses to request for production of documents (set one) is ruled upon as follows. Factual Background In this elder abuse action Plaintiffs allege that the defendants' neglect caused Mrs. Williams to suffer stage 4 pressure sores to the bone. They allege that she was left in her own excrem...

Excerpt: ...Defendant FCA US, LLC's (“Defendant”) objections and compelling further responses to the requests at issue. This is a lemon law action arising from Plaintiff's purchase of a 2014 Jeep Patriot. According to the moving papers, the requests fall within two categories: (1) Defendant's internal investigation and analysis of the steering system and powertrain defect and establishing that Defendant previously knew of such defects and knew it could n...

Excerpt: ... law and motion matters. *** Plaintiff/Cross‐Defendant Aspire General Insurance Company's ("Aspire") motion to compel Defendant/Cross‐Complainant Kara Dominguez's ("Dominguez" or "Defendant") further responses to request for production of documents is GRANTED as follows. Overview The complaint filed by Aspire is one for declaratory relief. (ROA 1) Exhibit A to the complaint is the subject policy of insurance. In part it is alleged that on Apr...

Excerpt: ...s of action for dangerous condition of public property (Gov't Code § 835), negligence of government employees in the course and scope of employment (Gov't. Code § 815.2), and negligence of John Doe Contractor Employee in the course and scope of employment (Gov't Code § 815.2). Plaintiff alleges that she was injured when she fell on water that was on the floor while she was visiting her brother at the UC Davis Medical Center ("UCDMC"). Trial is...

Excerpt: ...are available on the Court's website at . Counsel for moving party is ordered to notify opposing party immediately of the tentative ruling system and to 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). Discussion This is a common counts case alleging “account stated, open book account, money lent, and money paid, laid out, and expended.�...

Excerpt: ...) by failing to timely pay its employees. Plaintiff requests civil penalties pursuant to Labor Code §2698 et. seq. The Court need not rule on either Defendant or Plaintiff's requests for judicial notice because the Court did not consider them in ruling on the motion. Defendant moves for judgment on the pleadings on the ground that Plaintiff failed to satisfy Labor Code §211 prior to the filing of the complaint, resulting in a jurisdictional def...

Excerpt: ...ants Abimbola Olusola, Olusegun Olusola, Abigail Akinwunmi (“Individual Defendants”), and Redeemed Christian Church of God‐God's Sanctuary of Praise's (“RCCG”) (collectively “Defendants”) demurrer to Plaintiff Doris Uche's first amended complaint (“FAC”) is ruled upon as follows. The Court need not rule on Defendants' request for judicial notice since it was not material to the disposition of the demurrer. Overview Plaintiff is ...

Excerpt: ...xtrinsic evidence. This Court is limited to reviewing allegations in the SAXC or subject to judicial notice. Overview The SAXC alleges as follows. Sepanski and Masters entered into a romantic relationship in October 1987, at which time Masters began abusing Sepanski, and the abuse continued throughout the relationship. In 2007, at Masters' urging, Sepanski obtained the proper licenses and financing and opened an automobile dealership called Disco...

Excerpt: ...to provide legally complaint meal and rest periods, among other things. While this case was originally styled as a class action, Plaintiff has since decided to pursue only his claim arising under the Private Attorney General Act (“PAGA”) and has therefore dismissed the class action allegations from the operative complaint and all but the tenth cause of action arising under PAGA. On July 11, 2019, Plaintiff served Defendants with Special Inter...

Excerpt: ...state provided insurance to Plaintiffs as well as a $2 million umbrella policy. Allstate inspected the property at issue in September 2014 to look for hazards and other conditions that posed risks to the building or were dangers to others. Plaintiffs allege that at the time of the inspection, Allstate's inspector saw scaffolding, but Allstate never indicated that the scaffolding was a hazard or risk of injury. Plaintiffs allege that in October 20...

Excerpt: ...posed 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 therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1...

Excerpt: ...nty causes of action against Defendants. The Court previously sustained Defendants' demurrers to the first eleven causes of action, and thus only causes of action 12‐20 are at issue. (RJN Exs. A, B. C.) The remaining causes of action allege claims for breach of contract, breach of fiduciary duty, accounting, fraudulent concealment, fraud, conversion, and unjust enrichment. On September 30, 2019, the Court granted Defendants' unopposed motions t...

Excerpt: ...ovember 12, 2019, ruling, Defendant previously moved to set aside the default and default judgment entered against her on March 2, 2009 on the basis that she was never served with the summons and complaint. Judge Brown denied the motion without prejudice on September 23, 2019. Defendant then moved to set aside the renewal of judgment on the basis that she did not receive notice of the Notice of Renewal filed on March 19, 2018. Defendant made her ...

Excerpt: ...t it entered into several contracts with Defendants which extended them a line of credit, and that Defendants breached the contracts by failing to pay approximately $1.7 million due and owing. American River RV filed for bankruptcy after this case commenced. On May 14, 2019, Plaintiff noticed Mr. Ahmad's deposition, and again noticed it on July 9, 2019. After Mr. Ahmad failed to appear on both occasions, Plaintiff filed a motion to compel his dep...

Excerpt: ...ptember 26, 2019 Plaintiffs' counsel asserts that he provided notarized and signed copies of the releases and Centers for Medicare & Medicaid Services (“CMS”) information. (Id. ¶7.) Plaintiffs' counsel further asserts that Defendants were required to make payments within 30 days of the submission of the signed releases and CMS information, but have failed to do so. (Id. ¶¶6, 7.) As Defendants have failed to send the settlement check per th...

Excerpt: ...er counsel successfully moved to withdraw. Plaintiff then obtained new counsel, who represented her from March 12, 2019 to September 2019, at which time the he also successfully moved to withdraw. Plaintiff is now again in pro per, and trial is set for January 13, 2020. In light of the impending trial date, this matter has been set for hearing on shortened time. The parties engaged in a settlement conference with Judge Davidian on September 9, 20...

Excerpt: ... and criminal history. He argues these allegations are convoluted, irrelevant, and scandalous. (See MPA at pp. 3‐4.) Sepanski argues that these allegations are relevant to Sepanski's allegations of fraud and conversion. The Court agrees. Sepanski's allegations in her SAXC relate directly to her lengthy and tumultuous history with Masters, and provide relevant context as to how he was allegedly able to defraud her and convert her property throug...

Excerpt: ...ch of the 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. *** Defendant Costco Wholesale Corporation's (“Costco”) motion for summary adjudication as against plaintiff Dori Kolb is ruled upon as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1...

Excerpt: ...monetary sanctions, the notice of motion fails to comply with Code of Civil Procedure §2023.040 [requiring notice to “identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought”]. Factual Background This is a putative class action which alleges various wage‐and‐hour violations by the named defendants. On 6/20/2019 plaintiffs hand served a notice for the deposition of “[PMK] a...

Excerpt: ... brings this action against Defendant, alleging two causes of action for (1) negligence and (2) intentional tort. As to the negligence cause of action, Plaintiff's Complaint alleges that on June 6, 2018, Plaintiff saw Defendant for a routine checkup at Folsom State Prison. At that time, Plaintiff asked Defendant to take him off his medication, and Defendant stated that it would take six months to wean him off. Plaintiff alleges that he then asked...

Excerpt: ... to compel and ordering Plaintiffs to serve verified responses, without objections, to form and special interrogatories and requests for production. Contrary to Defendant's representation, sanctions were not granted in connection with the motion to compel responses, and in fact were expressly denied because the motion was unopposed. (ROA 52.) Rather, mandatory sanctions of $462 were granted in connection with the concurrent motion for an order de...

Excerpt: ...o Pulte without providing notice and obtaining Plaintiff's consent. Plaintiff alleges the transfer caused him damage because Pulte did not pay for the benefit of the Conservation Rights that were transferred. Recently, the City returned those Conservation Rights to its chart for sale to other developers and Plaintiff is seeking all documents relating to any such transfers. In a previous motion, Plaintiff did not contest the City's responses and o...

Excerpt: ... against Defendants for negligence, NIED, IIED, breach of contract and also seek punitive damages in connection with funeral services provided by Defendants. Defendants move to strike allegations related to punitive damages, attorney's fees and references to Business and Professions Code § 7673.1. While Defendants assert that the opposition was improperly served by regular mail, the court has considered it as Defendants were able to file a compl...

Excerpt: ...their workstations in violation of California law. The Court previously granted Defendants' motion to strike Plaintiff's addition of Ms. Belmonte as a plaintiff as it exceeded the scope of the Court's ruling on Defendants' motion for judgment on the pleadings. The Court also granted the motion to strike the prayer for injunctive relief on the basis that such relief is not proper pursuant to PAGA. The Court noted that Plaintiff was free to bring a...

Excerpt: ...h copy) was not signed therefore the Court is not considering it. In this action, Plaintiff alleges that after she informed JPGM (Sport Clips) of her pregnancy, JPGM harassed her, discriminated against her, retaliated against her, wrongfully terminated her, and failed to provide reasonable accommodations. Plaintiff served requests seeking documents directly related to her employment. Defendant served initial responses, raising only boiler plate o...

Excerpt: ...nt on others for mobility. Decedent developed pressure ulcers and attempted to cover up the existence and cause of the pressure ulcers. Decedent passed away on 1/21/2018. The Court notes that Defendant Sutter Valley Hospitals has agreed to serve supplemental responses and produce documents for most of the request for production of documents. In reply, Plaintiff indicates that he has not yet received the supplemental responses. The motion is GRANT...

Excerpt: ...pled and cannot establish, by a preponderance of the evidence, the probable validity of any real property claim based on the allegations contained in her complaint. In the alternative, Defendant asks that the maintenance of the lis pendens be conditioned upon the posting of a bond in the amount of at least $50,000. Defendant also requests an award of attorney's fees and costs in the amount of $2,767.50. The motion is ruled upon as follows. Defend...

Excerpt: ...nt for over five years preceding the complaint. Specifically, a sewer drain exists and garbage bins have been placed on the easement. The Hongs filed their answer on 9/12/2019, they now seek leave file a cross‐complaint for ejectment, trespass, public/private nuisance, and declaratory relief. The Hongs insist that the cross‐complaint is compulsory. A cross‐complaint is compulsory when the claims are "logically related" to those asserted in ...

Excerpt: ...otice is granted. This is a wrongful death action. Plaintiffs are the heirs of decedent Shelly Lynn Rau (“Decedent”). Plaintiffs allege that 5/22/2019 co‐defendant Dean Barbera (“Barbera”) consumed substantial amounts of alcohol to the point of intoxication and impairment to operate a motor vehicle. Barbera was driving a vehicle when he ran into Decedent while she was crossing a cross‐walk. Barbera fled the scene and was eventually ar...

Excerpt: ...damages and other equitable relief. Plaintiffs allege that Defendants are co‐owners/operators of a commercial property located at 3501 33rd Ave, Sacramento, California 95824 (“Property”). Plaintiffs allege that commencing 1/8/2016, the Property has been used and was continually being used, for the purposes of unlawfully selling, serving, storing, keeping, manufacturing, using, or giving away controlled substances, precursors, and/or analogs...

Excerpt: ...ly 15, 2019. The 998 offer provided that the amount of restitution would be determined by the Court if the parties could not agree and stated that Defendant would pay Plaintiff's fees and costs pursuant to Civil Code section 1794(d) in an amount to be determined by the Court if the parties could not agree. The parties resolved the restitution amount but did not resolve the amount of fees and costs, necessitating the instant motion. Plaintiff seek...

Excerpt: ...hortening time for a motion for preliminary injunction. Plaintiffs contend defendant Ramirez is interfering with Snoke, Seefeldt & Ramirez Insurance Services Inc. ("SSR") contractual relationships and misappropriating its trade secrets obtained while defendant was a Director and Officer of SSR. Plaintiff states that several unidentified customers have left SSR and gone to defendant's business. (Declaration of Donald Wayne Seefeldt) Plaintiffs see...

Excerpt: ...erican Insurance vs. Industrial Electronic Systems Nature of Proceeding: Filed By: Motion for Summary Judgment and/or Adjudication Stiner, Wesley R. Crown Building Maintenance Co. dba Able Building Maintenance Co. (“Able”) moves for summary judgment or, in the alternative, summary adjudication in favor of Able against Defendant/Cross‐Complainant Industrial Electronics Systems, Inc.'s (“IES”) cross‐ complaint. The motion is ruled upon ...

Excerpt: ... arises out of plaintiff's prior employment with Anthem as a Claims Examiner II at its Rancho Cordova, California location . The complaint alleges a variety of statutory causes of action including FEHA discrimination, retaliation and failure to engage in the interactive process, as well as common law claims for wrongful termination and declaratory relief. Plaintiff began her employment in 2012 when the company was named WellPoint Inc. In 2014, We...

Excerpt: ...fendant S360 Holdings, LLC entered into a written agreement entitled “Promissory Note” in the amount of $500,000 pertaining to the financing of real property. The Promissory Note was secured by a Deed of Trust on the property. As part of the transaction, Chisick and co‐defendant Raymond Sahadeo (“Sahadeo”) executed a Personal Guaranty. Ultimately, the property was sold and Williams is barred from proceeding against the property to colle...

Excerpt: ...of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the...

Excerpt: ...e and the manner to request a hearing. If moving counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. In this lemon law action, Plaintiff alleges that she purchased a used 2010 Volkswagen CC on July 22, 2013. (Compl. ¶ 8.) Plaintiff alleges the vehicle was delivered to her with serious defects and nonconformities to warranty and developed other serious defects and ...

Excerpt: ...ve ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing 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 prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The instant litigation arises out of Plaintiff Candace Weidner's purchase of real property...

Excerpt: ...s to Plaintiff's causes of action for fiduciary duty and unreasonable restriction of trade on the basis that they fail to state facts sufficient to constitute a cause of action and are fatally uncertain. The demurrer is ruled upon 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 of Local Rule 1.06 and t...

Excerpt: ...herwise preventing AT&T (along with its contractors, employees, agents, successors, affiliates, licenses, lessees, and assigns) from accessing the property located at 6660 Coyle Avenue, Carmichael, California 95608 (“the Property”) to, inter alia, construct, place, and maintain communications facilities, as provided by the Lease Agreement attached as exhibit 1 to the complaint in this action. The motion is ruled upon as follows. Factual Backg...

Excerpt: ... point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants SI Real Estate, Inc. (“SRE”) and Florin Bradshaw Investors, LLC's (“FBI”) (collectively “Defendants” or “Seller”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. The Court notes that in Plaintiff Kamar Singh's declaration in opposition to the mo...

Excerpt: ...directed to contact counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to the 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). To clarify, the Court co...

Excerpt: ...* Plaintiffs Valerie Sikich, et al.'s motion to compel defendant Caroline Kang, LLC dba Laguna Woods' further responses to Requests for Production, Set Two (“RFP”) is ruled upon as follows. Background This is an elder abuse action arising from the decedent Christine Patton's AugustSeptember 2017 stay at Laguna Woods, a residential care facility for the elderly (“RCFE”). Ms. Patton required help with various activities like getting in and ...

Excerpt: ...unable to contact Plaintiff's prior to the hearing, defense counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendant's demurrer to the seventh (intentional or negligent misrepresentation) and eighth (fraud‐concealment) causes of action alleged in the First Amended Complaint is UNOPPOSED and SUSTAINED for the reasons ...

Excerpt: ...gument on the continuance date. Self‐represented Plaintiff Jeffrey Caylor's motion to compel Defendant Keri Hamilton's further discovery responses is ruled upon as follows. Plaintiff alleges causes of action against Defendant for premises liability and negligence in connection with an altercation that allegedly occurred at Defendant's place of business. Both Plaintiff and Defendant are incarcerated as a result of convictions stemming from the m...

Excerpt: ...tion, failure to accommodate and other against Defendant in connection with his termination. Plaintiff alleges that as a result of Defendant's conduct he suffered emotional distress “including, but not limited to, stress, anxiety low self‐esteem, depression, aggravation, embarrassment, mental anguish, nightmares, and anger.” (E.g. Comp. ¶¶ 69, 89.) Defendant issued five subpoenas to different Kaiser facilities which Plaintiff has visited ...

Excerpt: ...ed. (RJN Exh. 1 at 018) Petitioner's petition for relief from Government Code § 945.4 is moot as the late claim was permitted and Petitioner is now free to file a lawsuit pursuant to the applicable time lines in the Government Code. In reply, Petitioner contends that the petition is not moot because the DGS had no authority to consider and deny the late claim because it did so after the 45‐day period in Government Code § 911.6(c). Petitioner ...

Excerpt: ... counsel is directed to contact Respondent's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Petitioner's counsel is unable to contact Respondent's counsel prior to the hearing, Petitioner's counsel shall be available at the hearing, in person or by telephone, in the event Respondent's counsel appears without following the procedures set forth in Local Rule 1.06(B). This matter arises out of ...