Excerpt: ... as a result of alleged wrongful conduct surrounding the August 28, 2017, death of Plaintiff's husband. Plaintiff's husband allegedly received a morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physical for a morphine drip at 1 milligram per hour. On October 12, 2018, Plaintiff filed a medical malpractice action against Robert McCrary, ACNP, Sutter Medical Center Sacramento (“Sutter”), Pulmonary Medicine As...

Excerpt: ...o item 1 (the Declaration of Erika Brown) and granted as to item 2 (the register of actions on the Court's docket for this matter). Defendant's supplemental request for judicial notice submitted in support of its reply is also denied (the Supplemental Declaration of Erika Brown). Plaintiff Lopez filed the original complaint on July 12, 2019, alleging a single cause of action for violation of PAGA. (ROA 1.) Plaintiffs filed the FAC on August 26, 2...

Excerpt: ..., 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, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service o...

Excerpt: ...the management of real estate. Plaintiffs' FAVC alleges the following seven causes of action: (1) breach of contract; (2) breach of fiduciary duties; (3) actual fraud; (4) constructive fraud; (5) expulsion of partner; (6) dissolution of partnership; and (7) accounting. On August 22, 2019, this Court overruled Defendants' demurrer to the first through fourth causes of action. Defendants argued that Plaintiffs had failed to allege facts which would...

Excerpt: ...iolation of Government Code §§ 3300, et seq. the Public Bill of Rights Act (“POBRA”) and one for age discrimination in violation of FEHA. Plaintiff, who is currently an employee with the State, worked as a probationary peace officer for a short time in 2016 for OLES but OLES did not pass her on probation. Plaintiff alleges that the OLES violated POBRA by placing derogatory information in a personnel‐related file and discriminated against ...

Excerpt: ...ses of action for insurance bad faith, fraud, and negligent misrepresentation. Plaintiffs allege that they are owners of a rental home that was insured by Defendant. They allege that the home was damaged by tenants and that Defendant failed to properly investigate and pay for their loss. At the outset, while Defendant moved for summary judgment, and alternatively summary adjudication as to the three causes of action in the First Amended Complaint...

Excerpt: ..., he was never served with the summons and complaint and did not receive notice of the action until his bank account was levied upon on July 26, 2019. The motion is untimely to the extent it was made pursuant to CCP § 473(d). “Where a party moves under section 473(d) to set aside ‘a judgment that, though valid on its face, is void for lack of proper service, the courts have adopted by analogy the statutory period for relief from a default ju...

Excerpt: ... various Labor Code violations and breach of contract. Defendants filed a series of demurrers and they ultimately answered the second amended complaint on December 27, 2018. Plaintiff alleged that he was employed by Gallagher Plumbing Heating & Air Conditioning, Inc. as a general manager and was promised certain bonuses and an ownership interest. Defendants seek leave to file a cross‐complaint alleging causes of action against Plaintiff for bre...

Excerpt: ...ie Vega (“Plaintiff”) filed her original Complaint for medical malpractice on January 25, 2019, based on an incident that occurred on or about November 23, 2017. (Register of Actions (“ROA”) 1.) The original Complaint named “Planned Parenthood Federation of America, Inc., a business entity, form unknown, and DOES 1 to 100” as Defendants. The Complaint alleged that “Defendant Planned Parenthood,” a “business entity, form unknown,...

Excerpt: ...es that the Settlement Agreement attached as Exhibit A to the Declaration of Jason M. Sherman (“Sherman Decl.”) nowhere states that this Court would retain jurisdiction over this case for purposes of enforcing the settlement agreement. However, the Court also notes that it currently retains jurisdiction because this case has not yet been dismissed in its entirety. Plaintiffs have dismissed their action in its entirety. Generally, when there i...

Excerpt: ...ed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Stewart Title of Sacramento's (“STS”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This action arises out of a 2015 Purchase Agreement and Construction Contract for the development of a singl...

Excerpt: ...all of Plaintiff's causes of action against Local 1000 are preempted by the Dills Act and subject to the exclusive jurisdiction of the Public Employment Relationship Board (“PERB”). As it was the first challenge to the pleading, the Court granted Plaintiff leave to amend. Plaintiff then filed the SAC on August 12, 2019. (ROA 100.) The SAC includes two causes of action against Local 1000, the third cause of action for fraud and fourth cause of...

Excerpt: ...FW), Violation of 42 USC §1983 (against Bartlett), and Violation of Administrative Practices Act of California (against Defendants). Plaintiffs are Jeffrey Huckins, Donna Waddell and Lisa Ann Messick Rerucha. They own farming and hunting land (“Land”). The Land is bounded on the north by Honcut Creek. When inclement weather occurs, the surface of Honcut Creek in the vicinity of and adjacent to the Land can raise in elevation, resulting in ov...

Excerpt: ...ion for gender discrimination (2nd), failure to prevent gender discrimination (4th), and age harassment (7th). Plaintiff previously worked for OSI for approximately nine years, was laid‐off, and then rejoined her former employer in 2011 at the age of 54. During her second employment, OSI underwent an acquisition with a British company and was rebranded as Mycom OSI. Plaintiff alleges she was discriminated against based on her age and gender in ...

Excerpt: ...nt to specific admissible evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendant Vibra Hospital of Sacramento's motion for summary judgment as against plaintiff Pinney is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is direc...

Excerpt: ...h Plaintiff, the Court consolidates its ruling on the motions into a single Minute Order for purposes of judicial efficiency and economy. The dispute over deposing Defendant Matheson's (Defendant) Person Most Knowledgeable (PMK) regarding Defendant's Human Resources and Policies began when Plaintiffs first cold‐set the deposition for July 16, 2019. Defendant informed Plaintiffs' counsel that the date set would not work and attempted to set a ne...

Excerpt: ...ng ownership of real property located at 7500 Beech Avenue, Orangevale, California 95662. Plaintiff alleges she is the true owner of the property. Plaintiff alleges her ex‐husband, Michael Sparks obtained fee simple titled to the property in 2003 and then transferred and assigned all rights in the property to her in 2019. Despite this, Plaintiff alleges Defendants served her with a 60‐ day notice to vacate or quit. Plaintiff alleges Defendant...

Excerpt: ...Wheeler. Appearance is required on October 9, 2019. Plaintiff Reginald Wheeler shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Jennifer Shaffer's demurrer to self‐represented Plaintiff Reginald Wheeler's complaint is sustained with leave to amend. Plaintiff is incarcerated and currently serving an indeterminate prison sentence for kidnapping, robbery and ransom. The basis of his lawsuit is hi...

Excerpt: ...er Cross‐Defendant Curtis Smith's (“Smith”) demurrer to Cross‐Complainants Michael Egan (“Egan”) and Silver Lining Properties, LLC's (“SLP”) (collectively CrossComplainants”) first amended cross‐complaint (“FAXC”) is ruled upon as follow. The Court notes that while Smith's meet and confer effort remain deficient, the Court will rule on the merits of the demurrer. The Court did not consider Smith's declaration filed in supp...

Excerpt: ...ED and SUSTAINED with leave to amend. Plaintiff is a CDCR prisoner incarcerated at the California Men's Colony. (Complaint ¶ 1.) Plaintiff filed a form complaint on July 1, 2019. (ROA 1.) Plaintiff alleges CDCR stole his idea, titled “Recreational Experiment Created for Effective Social Success” (RECESS), and renamed it Non‐ Designated Program Facility Yards. (Complaint, attachment one.) Plaintiff seeks monetary compensation for CDCR's all...

Excerpt: ...23, 2019. Initially Plaintiff only submitted an opposition with respect to the Regents and Dr. Canter but her amended opposition opposes the entirety of the motion. The Court is only considering the opposition papers that were submitted on September 23, 2019 pursuant to the ex parte order. In this medical malpractice action Plaintiff Zenaida Gutierrez alleges that Defendants were negligent in connection with care and treatment regarding a mastect...

Excerpt: ... Statement. (CRC Rule 3.1345.) This action arises from a pedestrian versus vehicle collision that occurred on January 21, 2018. Defendant, driving for Defendant Uber Technologies, Inc., stopped at a gas station. Plaintiffs allege that as they exited the vehicle, Defendant began driving, struck Plaintiffs, and fled the scene. Plaintiffs allege injuries as a result of the accident. In June 2019, Defendant issued 30 subpoenas for Plaintiffs' medical...

Excerpt: ...ges regarding attorney's fees given Defendant's counsel's assertion for the first time at the hearing that the underlying fee agreement allowed for recovery of attorney's fees in this action to any party prevailing in any dispute arising out of or in relation to the subject fee agreement. (Sullivan Supp. Decl. 3.) In the original tentative ruling the Court ordered Plaintiff to post an undertaking of $25,000. Defendant's counse...

Excerpt: ...iff to Arbitration. On June 18, 2019, the Court ruled as follows: Given the conflicting arguments, including factual disputes, regarding the existence and enforceability of the arbitration agreement, this matter is referred to the Presiding Judge in Department 47 for a short cause trial. (See Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal.App.4th 754.) The short cause trial is only for the limited purpose to determine whether an arbitrat...

Excerpt: ...red since a demurrer is necessarily limited to the face of the pleadings and may not involve extrinsic evidence. 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.) The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action." (McKenney v. Purepac Pharm. C...

Excerpt: ...cast, Plaintiff's telephone carrier, for his phone records for the months of August 2013‐December 2013. (Steuer Decl. ¶ 3, Exh. 1.) The phone records encompass the time frame during which Plaintiff contends he had conversations with Ocwen Loan Servicing, LLC (“Ocwen”) and wherein Ocwen represented that the loan at issue had been paid off in full pursuant to a settlement with the federal government. (Steuer Decl. ¶ 3.) Plaintiff believes t...

Excerpt: ... addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Roseville Lodge No. 1293, Loyal Order of Moose, Inc. and John Dickinson's (“Dickinson”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is a persona...

Excerpt: ... opposition in reaching its ruling, Plaintiff is advised that any further failure to comply with applicable rules may result in adverse rulings. Defendant served her first set of written discovery on Plaintiff on June 29, 2018. (Rolfe Decl., Exh. A.) After timely responses were not received, Defendant's counsel sent a letter to Plaintiff's counsel informing Plaintiff of her overdue discovery. Shortly thereafter, on August 22, 2018, Plaintiff's co...

Excerpt: ...s. This action arises from a delinquent credit account. Defendant incurred charges on a credit account with Plaintiff in the sum of $1,905.33, plus costs and minus payments made by Defendant. On June 5, 2019, the Court granted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that defendant admits she opened a credit account, incurred a balance of $1,9...

Excerpt: ...This action arises from Plaintiff's constructive eviction from her mobile home and an underlying unlawful detainer action brought by Mr. Held on April 4, 2016, entitled, The Richard L. Held Family Trust et al. v. Betty Campbell, et al., Sacramento County Court Case Number 16‐UD‐02036 (the “UD Action”). Trial in the UD Action was held on May 16, 2016, before Judge Lloyd Connelly. On May 17, 2016, the Court entered a final judgment in favor...

Excerpt: ... (“Kong Grow”) and Defendant LAS, Jeremy Olen, Alfred Lopez, and Alfred Lopez, Jr. Plaintiffs allege causes of action for negligence, negligent misrepresentation, intentional misrepresentation, breach of contract, strict liability, breach of express warranty and breach of the implied warranty of fitness. Plaintiffs operate three cannabis farms and allege that soil purchased Kong Grow contained contaminants or was unsuitable for growing cannab...

Excerpt: ...session. Pursuant to CCP § 2025.450(a), where a deposition notice has been properly served and the party subject to the notice fails to appear or proceed with it, the party serving the notice may move for an order compelling the deponent's attendance and testimony. Here, FTB properly noticed Plaintiff's deposition for August 6, 8 and 9. Plaintiff did not serve any objections to the deposition notice. Prior to the start of the second deposition s...

Excerpt: ...ment in violation of public policy, constructive termination in violation of public policy, premises liability, negligent hiring, supervision and retention, and negligent security. Plaintiff alleges that she was a KB Homes Sales agent and was the victim of a sexual assault at gunpoint in January 2015 by David Burnhart who approached Plaintiff under the false pretense of looking to purchase a home. Plaintiff alleges that Defendant was aware of num...

Excerpt: ...d abetting a FEHA violation and failure to prevent discrimination and retaliation. Plaintiff was employed as an Instructional Designer in its Performance and Learning organization. Defendant ultimately terminated Plaintiff for violations of its Code of Conduct. The causes of action addressed in this motion are the only ones remaining against Defendant. Any party may move for summary judgment in any action or proceeding if the party contends that ...

Excerpt: ...ut was allowed to sign up for new training in February 2016 during which time FTB claims it looked into accommodations for Plaintiff's claimed issues with her arms, hand, and wrists. Plaintiff did not go through with the February 2016 training and in total only attended the two days of training in January 2016. Plaintiff moves for a protective order in connection with her deposition on August 6, 2019. FTB noticed Plaintiff's deposition for August...

Excerpt: ...ca.gov . Defendant Allstate Insurance Co.'s demurrer to Plaintiffs Mark Giannini and Linda Giannini's (collectively “Plaintiffs”) second cause of action in their first amended complaint is SUSTAINED with leave to amend. Overview Plaintiffs own 8 properties. Allstate 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 ...

Excerpt: ...First, the Court would note that there is no declaration from anyone, much less a custodian of records, etc. attempting to authenticate the documents. “[W]e cannot take judicial notice of these documents [because]…no proper evidentiary foundation was laid.” (Pastoria v. Nationwide Insurance (2003) 112 Cal.App.4th 1490, 1495, n.4.) The request for judicial notice is denied on this basis alone. Moreover, Defendants are seeking to have the Cou...

Excerpt: ...sh Defendants' deposition subpoenas for business records regarding Plaintiff Sam Rios, Jr. is ruled upon as follows. This is an elder abuse action. Plaintiffs allege that Sam Rios Jr. ("Sam") was admitted to Pine Creek on 4/15/2017 in stable medical condition with intact skin. Plaintiffs allege that during his 14 day stay at Pine Creek, Sam developed bed sores that became infected, compromised his recovery from a hip fracture, destroyed h...

Excerpt: ...ed as follows: Pursuant to the Parties stipulation filed August 14, 2019, the only remaining disputed costs are the expert witness fees and the costs for models and exhibits. Plaintiff was injured at the workplace when a punch press crushed his left hand and forearm. Plaintiffs dominant right and forearm were amputated just below his right elbow. Plaintiff's employer provided workers compensation benefits and American Zurich, the insurer, fil...

Excerpt: ...pria persona alleging claims of "discrimination, unlawfully detained [sic], false arrest and imprisonment, unconscionability, harassment in the workplace, sexual harassment, harassment, slander, defamation, libel, child endangerment, civil rights violation, negligence, malice, oppression, wrongful termination, recklessness and fraud." (Compl. p. 1.) Previously, the Court ruled upon the demurrer filed by Defendants Department of Child Supp...

Excerpt: ...ants' prior demurrer to Plaintiff's Complaint. Overview On January 1, 2015, Plaintiff entered into a lease agreement with Defendants in which Plaintiff rented the premises located at 4720 Roosevelt Ave., #2, Sacramento 95820 in exchange for $725 per month. (FAC ¶7.) Plaintiff alleges that as of April 2018, numerous habitability defects arose on the premises, including, without limitation, severe mold and mildew contamination, insect infestations...

Excerpt: ...sed vocational nurse working at California Cosmetics, performing Botox injections under the supervision of Jeffrey Barczak, D.O. (FAC ¶9.) Defendant is an association that regulates the activities of Licensed Vocational Nurses, such as Plaintiff. (Id. ¶10.) Plaintiff alleges that on January 22, 2019, she received a cease and desist letter following an investigation by Defendant into the medical practice of California Cosmetics, citing Plaintiff...

Excerpt: ...onal language: As noted in the tentative ruling, the proof of service of this motion only provides notice to plaintiff's counsel. While the motion papers include the argument that "Several contractors were responsible for the design and construction of the pool, and Plaintiff attributes a great proportion of liability to these contractors" [Memorandum, p. 6. lines 6‐7], no effort was made to notice them on this motion. Inexplicably ...

Excerpt: ...aph 9 of the TAC (injunctive relief) and Prayers A, B, C, D, and H is denied for the additional reason that a motion for judgment on the pleadings by a defendant may be brought only as to the entire pleading or a cause of action within. CCP 438(c)(2)(a). Moreover, the Notice of Motion did not include Items Paragraph 9 of the TAC (injunctive relief) or Prayers A, B, C, D as the subject of the motion. These allegations are the subject of the motion...

Excerpt: ... Officers while he was waiting to be booked into the Sacramento County Jail on August 16, 2013. Plaintiff has been self represented since September 15, 2015 when his attorney withdrew. The last document filed by plaintiff in this case was the substitution of attorney. (ROA 39) Plaintiff has failed to conduct any discovery since that date. An action must be dismissed by the court if it is not brought to. trial within five years after it is commenc...

Excerpt: ...��call and on‐duty during their meal and rest periods as well as precluding employees from being able to leave the work premises; and 2) failed to have any policy to reimburse employees for the use of their personal cell phones for work. See generally Exhibit B. Plaintiff further alleged Defendants' policies and practices resulted in derivative violations and statutory penalties and resulted in unfair competition. See id. Plaintiff alleged ...

Excerpt: ...to C.C.P., sec. 1005, as it was served by mail and not in a manner calculated to reach defendants the next business day. Defendants were able to file a reply fully responding to the opposition. (See, e.g. Carlton v. Quint (2000) 77 Cal.App.4th 690.) Thus, there appears no prejudice to Defendants. (See, e.g. Israni v. Superior Court (2001) 88 Cal.App.4th 621.) Overview On December 15, 2011, Plaintiff began working as a server at a Sizzler's restau...

Excerpt: ...t MSC date is November 20, 2019; the trial date scheduled to occur on January 13, 2020. Plaintiff, a current 40+ year EDD employee, alleges in this action that she was discriminated against due to her age when she failed to get promotions. She alleges the persons who got the position were less qualified, and harassed her due to her age. She alleges that EDD retaliated against her for complaining about age harassment. Plaintiff alleges that new cl...

Excerpt: ... Statement. (CRC Rule 3.1345.) This action arises from a pedestrian versus vehicle collision that occurred on January 21, 2018. Defendant, driving for Defendant Uber Technologies, Inc., stopped at a gas station. Plaintiffs allege that as they exited the vehicle, Defendant began driving, struck Plaintiffs, and fled the scene. Plaintiffs allege injuries as a result of the accident. In June 2019, Defendant issued 30 subpoenas for Plaintiffs' medical...

Excerpt: ...ation action. Defendants seek to strike (1) references to punitive damages, (2) references to “privileged communications,” and (3) a reference to California Labor Code section 218.5. Legal Standard Under section 436, the Court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (Code Civ. Proc, § 43...