Excerpt: ...r 17, 2018. Defendant's default was entered on April 3, 2019. Defendant is the trustee of the Brian Korbelik Trust and the owner of 50% of the subject property. Plaintiff alleges that he is the owner of the other 50% of the property. CCP § 473 is to be liberally applied where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. ( Elston v. City of Turlock (1985) 38 ...

Excerpt: ...nd motion matters. *** Defendants River Delta Joint District (“District”), Don Beno (“Beno”) and Laura Ulsan's (“Ulsan”) (collectively “Defendants”) demurrer to Plaintiffs' Third Amended Complaint (“TAC”) is ruled upon as follows. At the outset, the Court notes that the TAC is 117 pages (exclusive of 231 pages of exhibits) and 235 paragraphs (exclusive of sub‐parts) of text, with significant repetition of factual allegations...

Excerpt: ...on in violation of public policy, violation of Labor Code § 1102.5, and a claim for penalties under PAGA. Defendants now move for leave to file a cross‐complaint pursuant to CCP § 426.50 for indemnity and contribution. Defendants contend that Plaintiff admitted he was a partial owner of UFFC and therefore could be held liable for any violations by UFFC of the Labor Code, including PAGA penalties pursuant to Labor Code § 558.1 which provides ...

Excerpt: ...o the roadway where she was struck by a car driven by Defendant Carolyn Vodoklys. This motion was placed on today's calendar after the Court granted Defendant's ex parte application for an OST on October 16, 2019. Trial is set for January 21, 2020. While the trial had been previously continued, the discovery deadlines were not and non‐expert discovery closed on October 7, 2019. Defendant moves to re‐open non‐expert discovery related to Mari...

Excerpt: ...‐Complainants unopposed motion to compel Plaintiff's deposition, and ordered Plaintiff to appear for deposition no later than September 6, 2019. (Parra Decl. Ex. A.) On August 13, CrossComplainants served Plaintiff with a copy of the Court's order and notice of entry of order. (Id. Ex. B.) On that same date, Cross‐ Complainants sent Plaintiff a letter proposing deposition dates, yet Plaintiff did not respond. (Id.) On September 10, Cross‐Co...

Excerpt: ...l from July 15, 2015 through August 8, 2015. The claims against Dr. Park arise from operative care and treatment rendered by Dr. Park to Mr. Ames on July 17, 2015 in connection with treatment of a lower left extremity thrombus. Dr. Park alleges there is no triable issue of material fact because the care and treatment rendered by Dr. Park was within the standard of care and not a substantial factor in causing Mr. Ames' alleged harm. Dr. Park that ...

Excerpt: ...unction against Defendant Toby Tennessee ("Tennessee") to prevent Tennessee from actions which they contend are causing imminent and irreparable harm to Digitt. On April 26, 2019, moving parties Digitt and Gaines brought an Ex Parte Application for Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction against Defendant Tennessee, based upon Tennessee's withholding of four months of rent. The TRO/OSC Application was denied...

Excerpt: ...N Ex. 1.) The loan was secured by a deed of trust (“DOT”) against the real property located at 3635 Bellinger Court, North Highlands (the “Property”). (Id.) The DOT identified Mortgage Electronic Registration Systems, Inc. (“MERS”) as the beneficiary. (Id.) On May 16, 2012, an assignment of the DOT was recorded, assigning the DOT from MERS to CitiMortgage (the “2012 Assignment”). (RJN Ex. 2.) On July 16, 2012, a Notice of Default ...

Excerpt: ...stained, with leave to amend. Plaintiffs Chrishawna Thomas, Brandon Holbert, and Staycee Holbert filed a form complaint and named Greyhound Lines, Inc. in the caption but names Greyhouse Lines, Inc. in item 1 of the form complaint. Greyhound Lines, Inc. is named in item 5. Plaintiffs also named Does 1‐10 as agents or employees acting within the scope of agency or employment of other named defendants in item 6(a), and Does 11‐20 as persons who...

Excerpt: ...ers. *** Defendant California Department of Health Care Services' (“DHCS”) Demurrer to Plaintiff Mei Li's (“Plaintiff”) Third Amended Complaint (“TAC”) is ruled on as follows. Overview This case arises from allegations of sexual harassment, national origin harassment, and retaliation. Plaintiff was employed by DHCS as an auditor from March 2, 2015 to November 23, 2015. Plaintiff alleges that she received unwanted sexual advances from ...

Excerpt: ...ginated in January 2007 and is secured by a Deed of Trust ("DOT") recorded against plaintiff's home on American River Drive. The 2017 action named numerous defendants, but did not name Defendant Fay Servicing, LLC. The 2017 action alleged that plaintiffs were not contacted prior to the recording of a Notice of Default in October 2007 to discuss their financial situation and to explore alternatives to foreclosure as mandated by the California Home...

Excerpt: ...rising out of its termination of Ms. Oh's employment. Approximately four and a half months after her termination, Ms. Oh committed suicide. Ms. Oh's heirs now seek to recover damages against Ms. Oh's former employer, Crossroads, and County (not demurring), for damages arising from her employment including causing her death. Plaintiffs allege that defendant operated in partnership with the Department of Health and Human Services (County) to provid...

Excerpt: ...lasquez filed his cross‐complaint naming Expo and Roes 1 through 10. [FAILURE TO PAY WAGES [CAL.LAB. CODE §204]; FAILURE TO PAY MINIMUM WAGES [CAL. LAB. CODE §§ 1194, 1197] (ROA 12). On August 8, 2019, an Amendment to Complaint was filed naming Andrey Rakin as Roe 1. (ROA 16). Rakin asserts that his identity was known to Cross‐Complainant, as CrossComplainant named Rakin in his original labor board complaint before he withdrew his claim an...

Excerpt: ...from a delinquent credit account. Defendant incurred charges on a credit account with Plaintiff in the sum of $10,857.68 On December 28, 2018, 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 with Plaintiff, incurred a balance of $10,857.68 on the account, has not made any payments si...

Excerpt: ... fact necessary to resolve their dispute." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Any party may move for summary judgment or summary adjudication in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceeding. (CCP 437c(a).) A cause of action has no merit if one or more of the elements of the cause of action cannot be separately estab...

Excerpt: ...ers. *** Defendant The Ezralow Company, LLC's “(TEC”) demurrer to the First Amended Complaint (“1AC”) is ruled on as follows. Factual Background This employment action is brought by a former manager of a residential property owned by TEC. According to the 1AC, plaintiff was hired in 2010 and in December 2017 she received a poor performance review which resulted in her being placed on a performance improvement plan. Plaintiff maintains tha...

Excerpt: ...t on 2/16/2017. Plaintiff's complaint filed on 3/2/2018 alleges that defendant “negligently controlled, managed, maintained, operated, installed, repaired, hired, cleaned, and electrically wired its leased premises.” Plaintiff has requested defendant to produce the “incident report” which was prepared following plaintiff's 2017 fall and the work performance evaluations for Ms. Keenan, the former assistant manager of the subject restaurant...

Excerpt: ...ng plaintiff's 195 Additional Material Facts and/or which 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 Susan Willis is ruled upon as follows. Both movi...

Excerpt: ... fact necessary to resolve their dispute." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Any party may move for summary judgment or summary adjudication in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceeding. (CCP 437c(a).) A cause of action has no merit if one or more of the elements of the cause of action cannot be separately estab...

Excerpt: ...lth's Central Valley Region. His employment was terminated in July 2018 and his lawsuit purports to assert causes of action for retaliation in violation of various statutes, wrongful termination, breach of employment contract, breach of implied covenant of good faith and defamation. Moving Papers. Defendant asserts that all causes of action currently alleged arise out of plaintiff's employment with Sutter Health and are therefore subject to plain...

Excerpt: ...ively "Managing Defendants"), and Windsor Haysac Holdings, LLC ("WHH") joinder is GRANTED. The Court disagrees with Plaintiff that the motion is untimely. Plaintiff proffers no legal authority that a petition to compel arbitration must be brought within a certain time period. I. Overview This is an elder abuse/wrongful death action. Plaintiff Gabriel Scott ("Gabriel" or "Plaintiff") alleges that his father, Timothy Scott ("Decedent"), was a resid...

Excerpt: ... where service of the summons did not result in actual notice in time to appear and defend the action and that the lack of notice was not created by avoiding service or inexcusable neglect. (CCP § 473.5(a), (b).) “ ‘[A] ctual notice' in section 473.5 ‘means genuine knowledge of the party litigant…' [Citation].” (Tunis v. Barrow (1986) 184 Cal.App.3d 1069, 1077.) The key element is that service result in “actual notice.” (See Rosent...

Excerpt: ...cal systems, software systems, bluetooth, connectivity, paint, radio/navigation, entertainment system, water intrusion, display blacks out, steering, rear tailgate, forward collision system. Plaintiffs are represented by The Law Office of Patrea R. Bullock and Patrea R. Bullock (“Bullock”). In fall 2016, Bullock began working for Universal & Shannon, LLP (“U&S”) where she defended FCA in lemon law actions. In June 2017, moved to Gates, Go...

Excerpt: ...r and Shirley Curran. Plaintiff contends that he was wrongfully terminated in retaliation for raising safety concerns. Plaintiff moves to compel Defendant Matheson Trucking, Inc. to provide further responses to his request for inspection of ESI (laptops, smartphones). The request consists of 4 individual requests asking for Defendant to produce all laptops, tablets, smartphones, etc. that were used in whole or in part by the individual defendants...

Excerpt: ...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. *** Cross‐Complainant/Cross‐Defendant KD&E, LLC's (“KD&E”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. This matter was set for 10/4/2019, but continued on the Court's own motion to today's date. I. Overview This ...

Excerpt: ...ants' objections on the grounds of relevance are OVERRULED. The Court may properly take judicial notice of court documents. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Aff...

Excerpt: ...ed responses to the written discovery on August 28, 2019. Special Interrogatories In this motion, Plaintiff seeks responses to Special Interrogatory Nos. 5, 6, 7, 8, and 9. These interrogatories state as follows, with Defendant's response thereto: Special Interrogatory No. 5: How long does a Wheelchair relieve pain? Response to Special Interrogatory No. 5:Objection. Overbroad and vague and ambiguous, calls for speculation. Special Interrogatory N...

Excerpt: ...pel Further Responses to Request for Production of Documents, Set One, Nos. 1, 8, 10, 11, 17, 20‐24, 35‐39, 55, 69, 71 and 73‐ 74, concluding that the requests pertained to relevant information regarding Defendant General Motors' investigation, knowledge and analysis of the make and model of the vehicle in question, as well as GM's vehicle repurchase policies, procedures and practices. Defendant was ordered to serve further verified respons...

Excerpt: ...es have submitted consolidated Points and Authorities in support of the motions, oppositions and replies, the Court also will consolidate its ruling on the various motions [save one] into a single Minute Order for purposes of efficiency and economy. The disputes over deposing Defendant Matheson's designated Persons Most Knowledgeable (PMKs) in the above‐identified categories began in approximately June 2019, when Plaintiff "cold‐set" the depo...

Excerpt: ...”) filed the original complaint against various defendants on March 1, 2018. Placer and Perez appeared in the matter, but at the time, both were represented by different counsel (Haight Brown & Bonesteel, LLP). On August 8, 2019, Dennis J. Kelly, Esq. of Dillingham and Murphy LLP was substituted in as counsel for both Placer and Perez. After reviewing the matter, current counsel of record contends he determined it was necessary to file a cross�...

Excerpt: ... Trial is currently set to commence on 11/5/2019. Moving Papers. Plaintiff asserts that she served the third party deponent, ASI, with a subpoena for personal appearance along with a request for production but the deponent failed to appear on 9/26/2019, the date specified in the subpoena. Opposition. Defendants' counsel filed a declaration in opposition, averring that defendants not only are withdrawing from its previously issued Trial Witness Li...

Excerpt: ...rchase and “flip” real property together and divide the profits evenly. Lynn operates a real estate brokerage company in Sacramento. Real Estate Portfolio Management, LLC (“REPM”) is a real estate investment company in Orange County. Steve George is REPM's principle. On July 26, 2019, Lynn served REPM with form interrogatories, set two. (Nevin Decl. Exh. A.) REPM requested a two‐week extension of time to respond. (Nevin Decl. Exh. B.) L...

Excerpt: ...ortedly agreed to enter into a partnership to purchase and “flip” real property together and divide the profits evenly. Lynn operates a real estate brokerage company in Sacramento. Real Estate Portfolio Management, LLC (“REPM”) is a real estate investment company in Orange County. Steve George is REPM's principle. Plaintiffs/Cross‐Defendants Lynn filed their complaint in November 2015 alleging that REPM and Steve George breached a partn...

Excerpt: ...or judicial notice on reply is granted. In this action, Plaintiffs allege that the California Department of Corrections and Rehabilitation, Folsom, and the County of Sacramento created a dangerous condition of public property by closing a sidewalk and directing Ms. Hills to walk/pass into the roadway where she was struck by a car driven by defendant Carolyn Vodoklys. Correctional Officer Nader Saca was supervising the CDCR inmate work crew at the...

Excerpt: ... parties then stipulated to allow for the filing of a supplemental opposition and reply. The Court has considered the supplemental briefs in its ruling. This is an age discrimination action brought by Plaintiff Farrell York (“Plaintiff”). On July 10, 2014, Plaintiff attended a meeting with the shopsteward for his union, Kevin Toney, and defendant Craig Robinson. Plaintiff and Mr. Toney assert that during the July 10 meeting, Mr. Robinson made...

Excerpt: ... Defendants West Coast Audio, Inc., et al.'s demurrer to the Second Amended Complaint (“2AC”) is ruled on as follows. Although the notice of hearing provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice again does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. Moving counsel again failed to comply with CRC Rule 3.1110(b)(3). Opposing counsel a...

Excerpt: ... from four years preceding the filing of this Complaint to final judgment.” (Complaint ¶ 13.) Plaintiff alleges the following two causes of action: (1) unpaid wages pursuant to Labor Code § 229; and (2) violation of Business & Professions Code §§ 17200 et seq. Defendant demurs to the complaint on the grounds it fails to state facts sufficient to constitute a cause of action either on an individual or a class‐wide basis. Defendant also dem...

Excerpt: ...ons for Monday, October 7, 2019. The subpoenas were served by overnight mail. The subpoenas relate to six individuals who were members of the CDCR work crew during the incident that gave rise to this action. Plaintiffs argue that the subpoenas are untimely. Trial was initially set for November 5, 2019 but was continued to January 21, 2020. “Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complet...

Excerpt: ...to work in an area that was unsafe and that he tripped over dangerous equipment. There is no description of what the alleged “dangerous equipment” consists of or any specific details as to how he was injured. He also refers to regulations and Construction Industry Safety orders that were violated but does not identify them. Defendant A. Teichert & Son, Inc. (“Teichert”) answered the complaint and propounded written discovery. At issue on ...

Excerpt: ... and/or double time wages. Plaintiffs allege that they worked hours “off‐the‐clock” without compensation. Plaintiffs allege that it was the customary and uniform practice of RNs and LVNs (with Dignity Health's knowledge and consent) to report 20‐30 minutes prior to the start of their shift, and to stay for 10‐20 minutes after the end of the shift, and to perform work during those times. Plaintiffs allege that Dignity Health also engag...

Excerpt: ...e which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Harkeshwar Sandhu, DDS'(“Sandhu”) motion for summary judgment is ruled upon as follows. Overview This is a dental malpractice action. Plaintiff Theodore White (“White” or “Plaintiff”) alleges that co‐defendant David S. Park (“Park”) is a licensed dentist and employs dentists at his practice. Park owns co‐defendant Dav...

Excerpt: ...tained Defendant's default but the default were set aside on September 13, 2019 after the Court granted Defendant's motion to set aside and found that Defendant had never been served with the summons and complaint despite the proof of service indicating that Plaintiff's son had served Defendant. Pursuant to CCP § 583.210, “the summons and complaint shall be served upon a defendant within three years after the action is commenced against the de...

Excerpt: ... struck by a car driven by Defendant Carolyn Vodoklys. Correctional Officer Nader Saca (“Officer Saca”) was supervising the CDCR inmate work crew at the time of the incident. The City moves for a protective order with respect to the latest round of written discovery from Plaintiffs in addition to two depositions. Depositions The City argues that it is entitled to a protective order with respect to the recent deposition notices Plaintiffs issu...

Excerpt: ...gapito Cardona's (collectively, “Defendants”) motion to set aside default and default judgment pursuant to CCP § 473(b) is GRANTED. Defendants' request for judicial notice of the default judgments in the Court's file is granted. (See ROAs 17, 20.) Plaintiff David J. Adams, Jr. (“Plaintiff”) filed the personal injury complaint in this action on December 6, 2018. According to the Proof of Service of Summons & Complaint filed on January 9, ...

Excerpt: ...ng 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 The Regents of the University of California's (“Regents”) motion for summary judgment as against plaintiff Wimer is ruled on as follows. Defendant Sodexo's 9/9/2019 “joinder” in Regents' motion for summary judgment is DROPPED since Local Court Rule 2.09 requires t...

Excerpt: ...ant State of California, by and through California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment or, in the alternative, summary adjudication against Plaintiffs Maria Luisa Hills and Barry Hills' operative complaint is ruled upon as follows. In this action, Plaintiffs Maria Luisa Hills and Barry Hills (collectively, “Plaintiffs”) allege that CDCR, the City of Folsom, and the County of Sacramento creat...

Excerpt: ...ion regarding this policy can be found on the Court's website at www.saccourt.ca.gov. Plaintiff Robert Riesenman's (“Plaintiff”) motion to compel defendant Duggan Law Corporation (“DLC”) to provide further responses to Plaintiff's Request for Admission, Set One (“RFA”), Form Interrogatories, Set One, and Requests for Production of Documents, Set One (“RFPD”), is ruled upon as follows. This action arises out of Plaintiff's efforts ...

Excerpt: ...s David Fred Blakefield's (“Blakefield”) motion for leave to file a First Amended Complaint (“FAC”) is GRANTED. Defendants James Lorin Franklin (erroneously sued herein as James Louren Franklin) (“Franklin”) and Marron Road Ventures, LLC (erroneously sued herein as Marron Road Ventures) (“MRV”) filed an untimely opposition on September 23, 2019, only seven Court days prior to the hearing in violation of CCP § 1005. While the Cour...

Excerpt: ...HR Brokerage West Inc., 2017‐1 1H Borrower L.P, and 2014‐1 IH Borrower L.P.'s (collectively, “Defendants”) motion to strike punitive damages is ruled upon as follows. This is a landlord/tenant case arising from an alleged rat infestation. Plaintiff filed the complaint on January 30, 2019, alleging the following four causes of action: (1) negligence; (2) breach of implied warranty of habitability; (3) negligent maintenance of premises; and...

Excerpt: ...nt Christian Giguiere's (“Defendant”) motion to set aside sister state judgment is UNOPPOSED and GRANTED. On March 28, 2019, Judgment was entered against Defendant in the Supreme Court of the State of New York, County of Kings, as Defendant had executed an Affidavit of Confession of Judgment. The Confession of Judgment was signed by one person, Christian Robert Giguiere, on behalf of “Christian Robert Giguiere” and “Christian Giguiere.�...