Excerpt: ... offender status of the boyfriend and failed to crossreport to law enforcement that the boyfriend was a registered sex offender. In the Second Amended Complaint (ROA 96) , the plaintiffs allege they were sexually abused in 2011 following Defendant County's failure to comply with an alleged mandatory duty to cross‐ report to law enforcement information that the children were living in a home with an individual required to register pursuant to Pe...

Excerpt: ... Howe Avenue, Sacramento, CA. Her job duties included stocking inventory, assisting customers, and supporting other staff. Plaintiffs contend defendants intentionally directed Deborah Holstein to use a ladder that they knew would cause her death. Plaintiffs allege that employees for months had warned Defendants of numerous incidents involving the ladder causing injury and/or near death. Defendants were aware of significant injuries and deaths in ...

Excerpt: ... was fused from T2 to L2. Plaintiff, who was 15 years old at the time, alleges that Dr. Rubin told plaintiff that the hardware used in the surgery was made of titanium which was unbreakable and would last "forever". (FAC 8) Plaintiff alleges a 1st cause of action against Dupuy for Negligent design, manufacture, and negligent failure to warn, and a 2nd cause of action for Strict Liability (defective design, defective manufacturing, failure to warn...

Excerpt: ...Singh Uppal (“Mr. Uppal”). (Allen Decl. ¶¶ 1, 2.) Plaintiff has alleged injuries due to the collision. (Ibid.) On February 22, 2019, Plaintiff retained David Allen & Associates to assist with her personal injury claim. (Allen Decl. ¶ 3.) Due to a calendaring error, Plaintiff missed the deadline to file a government claim by one month. After Plaintiff's counsel learned of the error, he immediately prepared an Application for Leave to Presen...

Excerpt: ...n behalf of all current and former hourly‐paid or non‐exempt employees who worked for Defendant from December 27, 2017, to final judgment. On February 14, 2019, Plaintiff served requests for admissions, set one, on Defendant. (Grigoryan Decl. ¶ 1, Exh. 1.) On May 10, 2019, Defendant served objections only. (Grigoryan Decl. ¶ 2, Exh. 2.) The parties then began meet and confer efforts and Defendant provided amended responses on June 19, 2019....

Excerpt: ...laratory relief, adverse possession, prescriptive easement, conversion, trespass, nuisance, injunctive relief, and invasion of privacy. (ROA 1.) Defendant propounded form interrogatories, set one, on Plaintiff on July 3, 2019. (Marlink Decl. ¶ 3.) Plaintiff served responses on September 17, 2019, after obtaining extensions to respond. (Marlink Decl. ¶ 4.) After meeting and conferring regarding purported deficiencies, Plaintiff served further re...

Excerpt: ...2018, the Court entered judgment for Plaintiff (the “Judgment”). On May 29, 2019, the Judgment was assigned to Sommers. Sommers asserts that Allurent is a suspended corporation and therefore cannot defend itself. Sommers further asserts that Will Claren (“Claren”) is listed as the CEO, secretary, and CFO on the Secretary of State's statement of information. As a result, Sommers argues that Claren is the alter ego of Alurent, because (1) t...

Excerpt: ...ccount stated, open book account, and breach of contract. Plaintiff alleges the following facts in the separate statement regarding Plaintiff's claims for account stated and open book account. In response to the Defendant's request, Plaintiff extended to the Defendant a line of credit and issued Defendant a credit card. Said card was mailed with a card holder agreement lo the address Defendant provided in the Credit Card Application and Agreement...

Excerpt: ...act and (2) common counts. Plaintiff's Separate Statement sets forth the following facts: On February 13, 2006, in response to Defendant's request, Plaintiff issues a credit card and line of credit to Defendant. (CC (“common counts”) UMF 1.) The card was mailed to Defendant with a card holder agreement provided in the Credit Card Application and Agreement. (Id.) By accepting and using the credit card, pursuant to the terms of the Consumer Cre...

Excerpt: .... Dr. Khattab and Big Horn entered into a construction agreement with Sheba Development, LLC (referred to herein as “Sheba”) and Sheba Construction, Inc. for the construction of a medical office building. Cal West performed work in connection with the construction as a subcontractor. (ACC ¶¶ 3, 13.) Sheba filed the ACC against Cal West on September 9, 2019, to recover a purported $13,065.16 overpayment Sheba (allegedly acting as Constructio...

Excerpt: ...nez (collectively, “Plaintiffs”) allege suffered from engine and transmission issues. Plaintiffs' motion to compel further responses to requests production of documents from Defendants was granted by this Court on July 15, 2019, with further responses due no later than August 15, 2019, subject to a protective order upon which the parties were to meet and confer. (ROA 28.) The parties have met and conferred regarding the protective order, but ...

Excerpt: ...* If oral argument is requested in an attempt to obtain leave to amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendants Ocwen Loan Servicing, LLC (“Ocwen”), Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2004‐3, Asset‐Backed Certificates, Series 2004‐ 3 (“Deutsche as Trustee...

Excerpt: ... of Default ("NOD") was recorded. A balance of $117,579.25 is owed on the loan. Plaintiff alleges that earlier in 2017 moving party interfered with her efforts to get relief from the "Keep Your Home California" ("KYHC") principal forgiveness program with regard to her property located at 9980 Wyland Drive in Elk Grove, California. Plaintiff contends she would have received $100,000 in KYHC principal forgiveness debt relief had SPS not provided fa...

Excerpt: ...ount of $1,860. Plaintiffs' 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). Counsel for moving party is 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, coun...

Excerpt: ...her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Overview Plaintiff Martin Straznicky, M.D. was a member of defe...

Excerpt: ...g Agreement related to purchasing and operating the Lincoln Gateway Retail Center in Lincoln. Plaintiffs allege, among other things, that Defendants failed to distribute income and defrauded them. At issue on this motion are Plaintiffs' responses to certain special interrogatories, requests for production and form interrogatories. Special Interrogatories Nos. 48 and 102 Granted. These interrogatories asked Plaintiffs to identify the “other agre...

Excerpt: ...day's calendar as a result of the Court's November 7, 2019 ex parte order in response to Defendant's ex parte application for an order allowing him to depose Plaintiff. On its own motion the Court issued an OST. The order indicated that Defendant should file and serve his moving papers by November 12, 2019. Defendant did not file anything by November 12, 2019. Plaintiff's opposition filed on November 15, 2019 pointed out this deficiency, but addr...

Excerpt: ...ngful termination in violation of public policy and retaliation. Plaintiff also seeks punitive damages. Plaintiff alleges that he suffered from disabilities (major depression, anxiety and attention deficit disorder) which caused him to struggle with job performances issues and that rather than provide accommodations, Defendant terminated him. Any party may move for summary judgment in any action or proceeding if the party contends that (1) the ac...

Excerpt: ...s trustee, successor in interest to Wachovia Bank, National Association, as trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass‐Through Certificates, Series 2004‐N ("U.S. Bank") (collectively, "Defendants") is denied. The Court must first identify the issues raised by the pleadings, since it is these allegations to which the motion must respond; secondly, the Court must determine whether the moving party's showing has establis...

Excerpt: ..., he entered into a lease with his tenant, Na Zhu, which was set to expire on January 31, 2019. On December 11, 2018, Plaintiff went out of the country to visit his son. He returned on January 15, 2019. Upon his return, Plaintiff was unable to reach his tenant. On January 18, 2019, he drove to the property and discovered a notice on the door from the Sacramento Police Department. The notice was dated 12/12/2018. It was an administrative penalty f...

Excerpt: ...'s motion for judgment on the pleadings is ruled upon as follows. Plaintiff's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36‐37 [trial court properly took...

Excerpt: ...f Rancho Cordova's May 24, 2016 Notice and Order and Complaint for Public Nuisance Plaintiff City of Rancho Cordova for the People of California (“City”) filed its Complaint for Public Nuisance, Declaratory, and Injunctive Relief on January 17, 2017, against Defendants Margaret McGuire and Jack McGuire (deceased) concerning real property located at 2530 Queenwood Drive, Rancho Cordova, California (the “Property”). The City alleges in the ...

Excerpt: ...ded that Defendant would pay Plaintiff $27,000 and that Defendant would pay Plaintiff's fees and costs in the amount of $10,000 or if that amount was refused then in an amount to be determined by the Court pursuant to a noticed motion. (ROA 23) Plaintiff seeks $33,253 in fees representing 66 hours and 32 minutes of attorney times at $500 per hour and $495 in costs. Civil Code § 1794(d) provides that a prevailing buyer is entitled to recover "cos...

Excerpt: ...ies could explore resolution of the case by loan modification. On June 28, 2019, at the hearing, the Court was advised that a loan modification was submitted on June 7, 2019. The matter was then continued again to September 11, 2019, to allow for additional discovery. The Court ordered plaintiff to submit a “supplemental brief, updating the status of the case,” and Rushmore was to submit a supplemental reply brief. On September 11, 2019, the ...

Excerpt: ...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 make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, whi...

Excerpt: ... allege the following causes of action: (1) willful misconduct; (2) negligence; (3) elder abuse; (4) breach of fiduciary duty; (5) wrongful death; and (6) loss of consortium. The Complaint was filed on September 1, 2016. The first amended complaint was filed on July 9, 2019 after the demurrer to the original complaint was sustained with leave to amend. Plaintiffs allege Decedent was admitted to UC Davis on August 19, 2014 for a scheduled kidney t...

Excerpt: ...Dignity Health's Mercy San Juan Hospital and the alleged emotional distress suffered by her daughter, plaintiff Megan Babb, M.D. (“Dr. Babb”). Plaintiffs TAC alleges causes of action against Dr. Ghayyur Quereshi and Dignity Health for elder abuse, medical negligence, and NIED. This demurrer concerns only the 1st cause of action for Abuse of a Dependent Adult. The Court previously sustained the demurrers to the elder abuse cause of action with...

Excerpt: ... violates CRC, Rule 3.113(d) (“Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages.”) The Court has considered the oversized brief in its discretion. Plaintiff's opposition was untimely by one day. However, the Court has considered the merits in its discretion, as there was no apparent prejudice to Defendant as a result of the delay. Both parties are advised that failure to comp...

Excerpt: ...7/2016 at 4:32 p.m. at 8640 Heppner Ct., Elk Grove, CA 95624. Substitute service was made on "JOHN DOE (REFUSED NAME), CO‐OCCUPANT CAUCASIAN, Male, 69+ yrs old, 5'10" tall, 220 lbs., GREY hair." Default was entered on 12/16/2016. Default judgment was entered on 6/8/2017. Defendant moves to set aside pursuant to CCP 473.5. The motion is untimely. CCP 473.5 provides that "[t]he notice of motion shall be served and filed within a reasonable time, ...

Excerpt: ...ntially the same. Plaintiff filed her original complaint in July of 2017 alleging a single cause of action for negligence premised on allegations that she tripped and fell on a dangerous condition on a sidewalk located in front of the Old Navy store. The Defendants are entities that allegedly owned, managed, and/or controlled the shopping center where the incident occurred Plaintiff filed a motion to amend the Complaint. After receiving leave to ...

Excerpt: ... of action against Defendant under the Private Attorney's General Act (“PAGA”), alleging Defendant violated various wage and hour statutes. On February 6, 2016, Plaintiff served Defendant with RFP (Set Two), which contained a single RFP (RFP 53) that requested the following: All documents sufficient to identify the composition and hierarchy of the Defendant's business operations, including but not limited to the identification of all employee...

Excerpt: ...as continued to this date from October 8, 2019 and then from November 13, 2019 to this date. On October 10, 2019, after the briefing on the motion to strike was complete, Apple, Inc. filed a Notice of New Authority in support of the motion to strike. No response to that document has been filed. This is a wage and hour action brought under California's Private Attorneys General Act ("PAGA"). Plaintiff Karim Abdur Rahim ("Plaintiff) alleges that Ap...

Excerpt: ...s a result of HVAC system in her apartment unit that caused a water leak which led to water intrusion (the "Complaint"). Plaintiff alleges that this water intrusion allowed mold to develop in her unit which made her sick. (Complaint, p. 4). Plaintiff named FPI Management, Inc. as a defendant, but did not make any allegations regarding her relationship with Defendant. On March 18, 2019, the Court issued a minute order sustaining the demurrer for f...

Excerpt: ...ccount Stated based on a credit card account. Discover Bank presents the following facts in its separate statement: Defendant applied to plaintiff for a credit card account and entered into a written credit card account agreement with plaintiff for the account number ending in 8749 (the "Account"). See Plaintiffs Separate Statement of Undisputed Material Facts #1, #10 ("Separate Statement"). The defendant agreed to be bound by the terms and condi...

Excerpt: ...further responses to Plaintiff's Request for Production of Documents, Set One, numbers 1, 17, 21, 22, 26, 27, 32, 34, 60, 70, 79‐82, and 91‐92 (collectively, the “Requests” or “RFPs”). This is a lemon law action arising from Plaintiff's purchase of a 2012 Jeep Wrangler. According to the moving papers, the Requests are divisible into three categories: (1) Defendant's internal investigation and analyses of the alleged defects in Plainti...

Excerpt: ... (“Defendant”) to serve further responses and to produce documents responsive to RFPs 22 and 24, without objection. This is an insurance bad faith case and also sounds in breach of contract. Plaintiff alleges that he was insured by Geico under an automobile policy covering his Mercedes Benz CL600. Plaintiff alleges his car was damaged on September 16, 2016 and that Geico denied his claim in violation of the insuring agreement and the covenant...

Excerpt: ...'s tentative ruling system as required by with C.R.C., Rule 3.1308 and Local Rule 1.06(D). Local Rules for the Sacramento Superior Court 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). Ba...

Excerpt: ...ttlement 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 parties stipulated to the settlement. The Cour...

Excerpt: ...fs now seek leave to amend to (1) add two defendants, Freedom Health Partners LLC and Financial Health Accounting, LLC, and (2) assert joint employer and alter ego allegations against Defendants. Plaintiffs contend that Defendant will not be prejudiced by the amendment, because the case is only eight months old, and no trial date has been set. Plaintiffs note that Defendant previously stipulated to an amendment to add Freedom Health Partners as a...

Excerpt: ...Plaintiff”), filed this action on April 2, 2019 in Sacramento Superior Court, asserting a single cause of action under the PAGA and seeking civil penalties ‐ on behalf of Plaintiff and other current and former non‐exempt employees (Compl. ¶ 18) ‐ for the following alleged Labor Code violations: (1) failing to pay all meal period wages and rest break wages, (2) failing to properly calculate and pay all minimum and overtime wages, (3) fail...

Excerpt: ...ty in support of such a motion. Plaintiff voluntarily dismissed this action with prejudice in April 2017. Here, “[t]he dismissal with prejudice of the lawsuit deprived the superior court of subject matter jurisdiction. Absent a pending lawsuit, a court cannot issue judgments or orders.” ( Hagan Engineering, Inc. v. Mills (2003) 115 Cal.App.4th 1004, 1007.) While CCP § 664.6 provides a mechanism for the Court to retain jurisdiction over the p...

Excerpt: ...Johnson and Matt Carrol's joinder is denied. Pursuant to Local Rule 2.09, a party desiring the same relied as another must comply with all procedural requirements for filing of motions, including proper notice, format etc. The joinder does not comply with these requirements. The joinder was served on November 5, 2019. Service on November 5, 2019, for a November 12, 2019, hearing date only provided four Court days' notice which is insufficient pur...

Excerpt: ...te's “motion to compel document production from defendant Chris Barnum” is ruled on as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). The notice of motion also fails to clearly specify whether the present motion is one seeking defendant Barnum's further responses pursuant to Code of Civil Procedure §2031.310, defendant Barnum's compliance pursuant to Code of Civil Procedure §2031.320...

Excerpt: ...Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers...

Excerpt: ...a proposed 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 12...

Excerpt: ...welve causes of action against numerous parties based on allegations that she was injured after undergoing electric shock therapy at Defendant's hospital. With respect to Defendant Plaintiff alleges the ninth cause of action for negligence, the tenth cause of action violation of Business & Professions Code § 17200, and the twelfth cause of action for injunctive relief. Ninth Cause of Action (Negligence) Defendant's demurrer is overruled. Defenda...

Excerpt: ...th the care and treatment provided to his spouse Linda Novotny (the “Decedent”). The demurrer is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) With respect to the first cause of action, there are no allegations regarding what either of the Defendants did or did not do that was improper and/or how their conduct caused the Decedent's death. In addition, Plaintiff has bro...

Excerpt: ...lication by counsel for withdrawal." (2 Mallen & Smith, Legal Malpractice, Statutes of Limitations, supra, § 18.12, p. 120.) The right of an attorney to withdraw from employment is not absolute. (Vann v. Shilleh (1975) 54 Cal. App. 3d 192, 197.) An attorney may withdraw at will or for personal reasons only with the consent of his or her client, or without that consent if withdrawal is approved by the court. (Ramirez v. Sturdevant (1994) 21 Cal. ...

Excerpt: ...ice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. Factual Background This is a personal injury action in which defendants have demanded a medical examination of plaintiff pursuant to Code of Civil Procedure §2032.010 et seq. Plaintiff appeared for examination but it was suspended when a dispute arose relating to the questions asked by the examiner. The examination was rescheduled but wa...

Excerpt: ...betted this scheme and caused damage to plaintiffs. At issue here are approximately 30 “internal credit and underwriting reports” called “Credit Presentation Reports” (“CPR”), which were prepared in connection with various bank loans extended to Wannakuwatte's business, International Manufacturing Group. Pursuant to the parties' existing protective order, defendants produced a multitude of documents they insist are “confidential” ...