Excerpt: ...ry, negligence and IIED. He also alleges a cause of action for a civil rights violation under 42 USC § 1983 against the City. The City moves for judgment on the pleadings on that cause of action. Except as provided by statute, a motion for judgment on the pleadings is analyzed like a general demurrer. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) In the fifth cause of action for violation of § 1983 Plaintiff alleges that Joh...

Excerpt: ...ul Death (Dangerous Condition of Public Property) and Wrongful Death (Negligence). Plaintiff alleges that her father died while trying to rescue motorists whose vehicle had driven off the Tower Bridge. Plaintiff alleges that a CalTrans employee who was intoxicated and distracted lifted the roadway for a boat but did not engage vehicle safety barriers. Plaintiff alleges that her father drowned and that his body was misidentified and then cremated....

Excerpt: ... he was not personally served with the Summons and Complaint, that the person who was served through substituted service is someone he does not know, and that he did not actually live at the address where such substituted service was completed. (Declaration of James Hodgson (“Defendant Decl.”) ¶¶ 1‐9.) Defendant also moves to quash service of summons due to lack of jurisdiction under and Code of Civil Procedure 418.10(a)(1). Request for J...

Excerpt: ...for express indemnity, breach of contract, equitable contribution, and declaratory relief. It now seeks to file a first amended crosscomplaint to add Hanasab Insurance Services as a party and add causes of action for breach of contract and negligence. Defendant believes that Special Ice's recent discovery responses show that Hanasab failed to secure the requisite insurance. Trial is not until February 2020. “Trial courts are vested with the dis...

Excerpt: ...opposed but is DENIED WITHOUT PREJUDICE for failure to comply with Rule of Court 3.770(a). This is a putative wage and hour class action. Plaintiffs filed the instant action on April 27, 2015, alleging wage and hour violations including failure to pay overtime wages and to provide an uninterrupted meal and rest break on behalf of themselves and all others similarly situated, as well as causes of action for violations of Labor Code 226(a), Unfair ...

Excerpt: ... re Policies and Procedures; and requests for $960 in monetary sanctions in connection with each motion, is ruled upon as follows. Defendants Francis Kang, Caroline Kang, and Caroline Kang LLC dba Laguna Woods PMK re Policies and Procedures (collectively, “Defendants”) oppose the motion. Background This is an Elder Abuse action. Decedent Christine Patton ("Christine") was a resident a Laguna Woods, a residential care facility for the elderly ...

Excerpt: ...properly towed his vehicle and then had the car sold for parts. Defendant's separate statement includes the following. As of November 13, 2014, Defendant was in contract with the CHP to provide towing services. Under that contract Defendant was obligated and authorized to remove, tow, and store vehicles when ordered to by the CHP. On November 13, 2014, the CHP ordered Defendant to remove a 2011 Kia Soul from the intersection of Gunn Road and Marc...

Excerpt: ...138.) 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 by the Court. In reviewing a request for ...

Excerpt: ...ior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Defendants Ira Friedman's and NRES, LLC's motion for dismissal pursuant to Code of Civ. Proc. §§ 583.310 and 583.360(a) is DENIED. Plaintiff's Smith Development and Construction Co., Inc.'s (“Plaintiff”) request for judicial notice is granted. Factual Overview This action involves disputes related to construction contracts for work at three separat...

Excerpt: ...arsay are SUSTAINED. Overview On February 6, 2018, the Supreme Court of the State of New York entered a judgment in favor of Creditor and against judgment debtor Suneet Singal (“Debtor”) in the amount of $21,221,676.53. (Levin Decl. ¶2.) Examinee Majique Ladnier is Debtor's spouse. Creditor filed an application to domesticate the New York Judgment in this Court, and this Court accordingly entered judgment on February 27, 2018. (Id. ¶3.) Cre...

Excerpt: ...ants tortured him and took his watch during a less than 24 hour period that Mr. Campbell was a patient at the Emergency Room at U.C. Davis Medical Center. Ms. Boden is a registered nurse who allegedly assaulted and battered Mr. Campbell and directed other defendants in placing him on the gurney and removing him from the hospital. When interrogatories have been propounded, the responding party … may promptly move for a protective order." (CC...

Excerpt: ...Rule 3.1110(b)(3)‐(4). Factual Background This action arises from a dispute between an insured and his automobile insurer relative to a motor vehicle accident in which the former was involved in October 2017. In this lawsuit plaintiff alleged that after the accident, his insurer subsequently took a recorded statement from its insured and “made an internal decision that Plaintiff was liable for causing the accident” but plaintiff retained co...

Excerpt: ...inst their employer and a supervisor, Isaac Bristow, who allegedly engaged in a variety of conduct claimed to violate California's Fair Employment and Housing Act (“FEHA”). In April 2018 SMU served its Requests for Production on plaintiff Royal‐Shipp. Request 36 asked for “ALL DOCUMENTS, including COMMUNICATIONS, RELATED TO YOUR complaints about BRISTOW.” Plaintiff Royal‐Shipp responded: Objection. This request is oppressive, unduly b...

Excerpt: ...imants have resolved their case against the at‐fault motorist for the policy limits of $15,000. Claimants have demanded arbitration, but respondent United Services Automobile Association (“USAA”) has refused. Claimants now move to compel arbitration and appoint an arbitrator in the underinsured motorist action. Auto insurance policies are required by statute to contain provisions for binding arbitration of uninsured and underinsured motoris...

Excerpt: ...isclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination against Dignity Health Foundation, Dignity Health Medical Foundation, and Dignity Health (collectively, "Defendants"). Plaintiff complained that her co‐worker was using dirty scopes on patients and Dignity determined after investigation that Plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due to her complaint and ...

Excerpt: ...llege suffered from engine issues, Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 30‐33 relate to consumer complaints and Defendant's repurchases of vehicles (same year, make and model as Plaintiffs' vehicle) which suffered the same defects as Plaintiffs' vehicle. Defendant interposed numerous objections to the requests for production, including objections...

Excerpt: ...ubmit to cross‐examination and to provide 21MC with an opportunity to respond to defendants' evidence. Having received supplemental submissions from both sides, the Court now issues the following tentative ruling. Factual Background This action arises out of a 2017 Inventory Security Agreement and Power of Attorney (“ISAPA”) between Plaintiff 21MC and defendant American River RV, Inc. (“ARRV”) along with a personal guaranty given by def...

Excerpt: ...ched its Amended and Restated Operating Agreement dated September 10, 2008 (“Operating Agreement”). Tutto was ultimately removed as Hit Italian's managing member. Hot Italian maintains that the parties engaged in a valuation of Tutto's interest in Hot Italian and that Mr. Wallace of Wallace Valuation Advisors issued a valuation which it contends is a final arbitration award subject to confirmation under CCP § 1280 et seq.. Respondents conten...

Excerpt: ... however, allowed both parties to re‐brief the motion. In its original memorandum of costs (ROA 143), DGS seeks $9,956.59 in total costs. These costs are: (1) Filing and Motion Fees: $1,475 (2) Deposition Costs: $3,065.68 (3) Service of Process: $5,140.92 (4) Witness Fees: $275 Legal Standard In ruling on a motion to tax costs, the Court's first determination is whether the statute (CCP § 1033.5) expressly allows the particular item and wh...

Excerpt: ... the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges causes of action for, among other things, race discrimination and harassment, retaliation, wrongful termination, failure to pay wages, and failure to provide meal and rest periods. As it relates to moving Defendants, Plaintiff alleges causes of action for aiding and abetting FEHA violations, violation of the Ralph Civil Rights Act and Unfair Business Practices. Th...

Excerpt: ...September 16, 2016, the Decedent was working in the course and scope of his employment with Goodwill Industries as a “Loader and Unloader.” Plaintiffs allege that the Decedent was checking the alignment of a container being unloaded from a “roll‐off‐hoist‐truck”. The Decedent allegedly placed his head between the frame of the container and a stationary compactor and was crushed. Plaintiffs allege causes of action for strict products...

Excerpt: ...8 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's...

Excerpt: ...ted documents. These documents contained private peace officer information about a non‐party. The nonparty has objected to the disclosure of his identity. The document sought to be sealed is the Personnel Board's Resolution and Order describing an investigation regarding the identified peace officer. This disclosure potentially violates the peace officer's right of privacy in the absence of waiver. Job actions relating to an identified ...

Excerpt: ...o complete meet and confer pursuant to Code of Civil Procedure section 430.41, the defendants' motion states the wrong street address for the courthouse in which the demurrer is to be heard, and defendants failed to request judicial notice of the complaint to which the demurrer is addressed, are all overruled. Plaintiff's complaint alleges five causes of action arising from the parties' alleged execution of a contract entitled Buyers Confidential...

Excerpt: ...as to Plaintiff, and that any such breach caused his alleged harm. Defendant also demurs upon the ground that Plaintiff's claim, though now styled as general negligence, alleges professional negligence by a health care provider (dental malpractice), but Plaintiff failed to commence his action within the one‐ year statute of limitations applicable under Code of Civil Procedure section 340.5. Defendant's demur has merit on both grounds. P...

Excerpt: ...r on the grounds that the parties failed to complete meet and confer pursuant to Code of Civil Procedure section 430.41, and defendants failed to request judicial notice of the complaint to which the motion is addressed, are all overruled. Defendants move to strike the Plaintiff's punitive damage allegations in the Fraud and Intentional Interference claims on the ground that Plaintiff fails to adequately allege facts of the Defendants' ac...

Excerpt: ... The Court does not rule on objections to facts set forth in the opposing separate statement but only to the cited evidence itself. Plaintiff's objection to the length of the moving points and authorities is sustained. CRC 3.1113(d)‐(e). The points and authorities are 33 1/2 pages long, exceeding the page limitation of 20 pages by 13 1/2 pages. Despite this, the Court is considering the document even though the defendants did not seek ex pa...

Excerpt: ...Defendants Buchanan, et al.'s motion to compel plaintiff in pro per Stella Altraide's (“Stella”) further responses to certain form and special interrogatories and to certain requests for production of documents is ruled on as follows. The Court notes that Stella appears to have filed three (3) separate oppositions to the present motion, one filed on 9/20/2019, one filed on 9/25/2019 and one filed on 9/27/2019. The Court has considered only th...

Excerpt: ...C Davis Medical Center in Sacramento. Plaintiff was visiting her brother when she slipped and fell on water in the hospital bedroom that emanated from a bathroom sink. Plaintiff was visiting her brother in room 8103, but the water on the floor originated from the sink in the adjacent room, room 8101. Plaintiff contend that according to deposition testimony and discovery responses, the only employee that was aware of what caused the blockage is de...

Excerpt: ... action on November 6, 2017. Pursuant to a stipulation, the Court authorized Plaintiff to amend its complaint to drop its writ of mandate claim and assert a claim for tax refund, and this matter was reassigned from the writ department. (ROA 28.) Plaintiff filed its First Amended Complaint (“FAC”) on August 30, 2018, which states a single cause of action for tax refund pursuant to California Revenue and Taxation Code § 6933. (ROA 29.) On Octo...

Excerpt: ...what the marking indicates (it is not readable) and it is speculation on Plaintiff's part that the marking indicates the declaration was not personally signed by Mr. Cheban. The additional objections regarding the declaration of Mr. Cheban are also overruled. To the extent Plaintiff “objected” to several of Defendants UMFs on the ground the characterization of the UMF is uncertain, ambiguous, and irrelevant, such objections are overruled beca...

Excerpt: ...sideration on July 19, 2019, with a hearing date of July 30, 2019. On July 29, 2019, the Court tentatively dropped the matter from calendar, without prejudice, due to defective service. At the hearing, Plaintiff's oral motion to continue the hearing was granted without objection. The matter was continued to August 23, 2019. After Plaintiff filed her first motion, but before the Court heard the first motion on July 30, 2019, Plaintiff filed what a...

Excerpt: ...tion matters. *** Defendants California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to the First Amended Complaint (“1AC”) is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1113(f)'s requirement for a Table of Contents and Table of Authorities when the points & authorities exceed 10 pages. Factual Background This action arises out of the November 2016 suicide of Milton Beverly, Jr. while in the c...

Excerpt: ...al argument on the continuance date. Defendant Walkenhorst's, Inc.'s ("Defendant") demurrer to self‐represented plaintiff Alonzo Joseph's ("Plaintiff") complaint is UNOPPOSED and is SUSTAINED with leave to amend. Plaintiff is an inmate with the California State Prison in Represa, California. Plaintiff filed a form complaint on May 14, 2019. (ROA 1.) General negligence would appear to be alleged, although "product...

Excerpt: ...ed that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The Court notes that the opposition filed by plaintiff on 10/3/2019 was not timely filed or served but it was nevertheless considered. However, it fails to address a number of the substantive arguments advanced in the moving papers including but not limited to this lawsuit being barred in its entirety by res judicata, based on the judgment of d...

Excerpt: ...Reviver Financial, LLC's motion for summary judgment is denied. In this consumer collection action Plaintiff filed a complaint seeking recovery of $6,051.64 from Defendant Peter Santiago. Plaintiff alleges that Defendant had a loan from CNU of California, LLC dba Netcredit (“CNU”) which he defaulted on. Plaintiff alleged that the debt was assigned to it. The caption of the complaint states that it is for breach of contract and common count. H...

Excerpt: ..., 2019. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to plaintiff Reginald 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 sust...

Excerpt: ...t of Business Oversight's unopposed demurrer to selfrepresented Plaintiffs S. Alan and Jean Cardiff's complaint is sustained with leave to amend. In this action Plaintiffs filed a Judicial Council form complaint appearing to allege common law causes of action for fraud and negligent misrepresentation and also alleged that Defendant violated the Franchise Investment Law. Plaintiffs allege that Defendant committed fraud in approving Dental Support ...

Excerpt: ...ess Oversight's unopposed demurrer to selfrepresented Plaintiff Jeff Eschrich's complaint is sustained with leave to amend. The function of a demurrer is to test the sufficiency of the pleading it challenges by raising questions of law. (Salimi v. State Comp. Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271.) Pleadings in California are construed liberally. The only issue that can be raised by demurre...

Excerpt: ... and Real Estate Portfolio Management, LLC's (“REPM”) motion for summary adjudication is ruled upon as follows. The parties' requests for judicial notice are granted. The Court notes that Plaintiff failed to comply with CRC Rule 3.1116(c) by failing to highlight the relevant portions of deposition testimony. Nevertheless the Court considered the cited deposition testimony in its entirety. Plaintiffs/Cross‐ Defendants Angelica Lynn and Angel...

Excerpt: ...sen Wright, PC.'s motion to strike portions of Plaintiff Aalborg CSP A/S's complaint is denied. Defendant's request for judicial notice is denied. Defendant seeks to have the Court take judicial notice of a declaration filed in support of its concurrent motion for an undertaking and 24 exhibits in support of that motion. While It may be appropriate to take judicial notice of the fact that the documents were filed with the Court, Defendant attempt...

Excerpt: ...d special interrogatories and a request for production of documents on Plaintiff. Plaintiff failed to respond to the discovery requests. Defendant filed motions to compel the responses, which this Court granted on July 22, 2019. The Court's order directed Plaintiff to respond to the discovery requests no later than August 2, 2019. Despite the Court's Order, Plaintiff still has not responded to the discovery requests. Defendant now moves for termi...

Excerpt: ...arminder Singh's motion to compel Defendant General Motors LLC's compliance with the Court's July 11, 2019 discovery order and for prospective sanctions of $500 per day is ruled upon as follows. In this lemon law case, the Court granted Plaintiff's motion to compel further responses to requests for production Nos. 1, 7, 10, 17, 19, 20‐24, 35, 37‐42, 58, 66, 70‐73, 77, 85 and 92. The Court ordered Defendant to provide further responses by Ju...

Excerpt: ...es causes of action for violation of Business & Professions Code § 17200, breach of the implied covenant of quiet enjoyment, negligence, IIED, and conversion. An judgment was entered against Plaintiff in a separate unlawful detainer action and that judgment is final. Defendant moves to have Plaintiff declared a vexatious litigant. The purpose of the vexatious litigant statute is to address the problems created by the "persistent and obsessiv...

Excerpt: ...filed this action on January 15, 2019, alleging violations of the Labor Code for failure to pay overtime wages, wage statement violations, waiting time penalties, and failure to pay vacation wages; and unfair competition under the Business & Professions Code. On April 5, 2019, Plaintiff filed her First Amended Complaint, adding a claim under the Private Attorney General Act (PAGA) and dismissing all individual and class claims without prejudice. ...

Excerpt: ...costs is ruled upon as follows. In this lemon law action Defendants seek to tax Plaintiff Rudy Warren Egger's memorandum of costs which seeks $24,449.33 in costs. Defendants argue that Plaintiff should be awarded no more than $13,323.04 in costs. The matter was settled at a settlement conference on the first day of trial before the Honorable Judge Gevercer, wherein defendant FCA UC LLC agreed to settle the matter and pay Plaintiff $106,000. There...

Excerpt: ...Renee Phillips' motion to vacate request for dismissal and reinstate the action is granted. Plaintiff's request for judicial notice is granted. In this employment action Plaintiff filed her complaint on February 28, 2018 against Defendants Wayne and Suzanne Schell, Peter Borg and Laguna Del Sol. At the time she was represented by Mark Gallagher. Mr. Gallagher was suspended from the practice of law by the State Bar in January 2019. In June 2019 Pl...

Excerpt: ... as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). This is a personal injury action and trial is set to commence on 1/14/2019. According to the moving papers, plaintiff in pro per served four trial subpoenas on Messrs. Zoll, Tharaldson and Manternach as well as Ms. Garcia by serving defendants' attorneys of record. Defen...

Excerpt: ...is action Plaintiff alleges causes of action for negligence, negligent supervision and/or retention of employee and negligent supervision of Plaintiff against SFHS in connection with allegations that she was the victim of childhood sexual abuse when she attended SFHS as a result of the conduct of its softball coach Michael Martis. The fourth and fifth causes of action for sexual battery and IIED are alleged against Martis alone. Plaintiff alleges...

Excerpt: ...ction for conversion, fraud, and money had and received against Cross‐Defendants. Cornerstone alleges that the California State Controller's Office of Unclaimed Property (“SCO”) has a program by which it pays 10% of amounts recovered by an investigator for a client of the investigator and that it is an investigator in the program. (FACC ¶ 7.) Cornerstone alleges that relative to a certain client (Lewis Brisbois Bisgaard & Smith [“LB”])...