Excerpt: ...he Stipulation because he has filed to close escrow and pay the purchase price for 2201 Brunton Way, Sacramento, CA, the subject real property, by October 31, 2018. Verkhovodov argues that the Court should enter judgment “against Plaintiff” requiring him to pay $165,000, pay his prorated share of property taxes, disgorge any rents he collected from Verkhovodov's tenants, and pay Verkhovodov's attorney's fees and costs for bringing the present...

Excerpt: ...of Civil Proc. § 430.10(a); and (2) the Complaint is uncertain and ambiguous as to its cause of action against CalPERS Code of Civil Proc. § 430.10(f). Plaintiff seeks Declaratory Relief to establish CalPERS wrongfully adjusted and reduced disability retirement; that CalPERS wrongfully claims that Plaintiff owes CalPERS money, and has already wrongfully seized and converted to its own account over $3,000 of Plaintiffs justly due retirement paym...

Excerpt: ...led by Plaintiff's previous counsel and that when he was retained he decided to dismiss the action without prejudice and file an entirely new complaint. Plaintiff's counsel declares that he made this decision without consulting Plaintiff because it was a tactical decision that did not impair Plaintiff's rights, as a new complaint would be within the applicable statute of limitations. (Jacobs Decl. ¶¶ 6‐8) Pursuant to the plan, Plaintiff's cou...

Excerpt: ...moot as Defendant has presented evidence that it served supplemental responses to these requests on December 18, 2018, nine days before Plaintiff filed this motion to compel. The Court makes no determination as to the sufficiency of these supplemental responses. As to request number 13, the motion is DENIED as request number 13 is not included anywhere in Plaintiff's separate statement and, therefore, not at issue. As to the remaining request...

Excerpt: ...15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) I. Overview In this action, Plaintiff William Carlisle alleges that he jointly retained Whitaker as an expert in his divorce proceedings. Whitaker was jointly retained by Plaintiff and his exwife Carol Carlisle. Plaintiff alleges the following: 5. Defendant billed over $30,000.00, whereas Plaintiff believed that Defendant would complete his work w...

Excerpt: ...ance by counsel for Plaintiffs at the OSC re: Dismissal. Plaintiffs' counsel contends that in May of 2015, his office moved from 2366 Gold Meadow Way in Gold River, California to 7940 California Avenue in Fair Oaks, California. (Swartz Decl. ¶ 15.) Indeed, the address listed on Plaintiffs' filing changed from the Gold River address to the Fair Oaks address after April of 2015. Plaintiffs' counsel contends they did not receive notice of the OSC h...

Excerpt: ...421 San Juan, LLC (“421”) and SEVA Assisted Living, Inc. (“SEVA”) (collectively “Entity Plaintiffs”) (the “Individual Plaintiffs” and “Entity Plaintiffs” are collectively referred to herein as “Plaintiffs.”) The Individual Plaintiffs own and operate the Entity Plaintiffs. The Individual Plaintiffs allege they owned and operated SEVA and 421. On December 15, 2015, the Entity Plaintiffs entered into an agreement (“Purchase...

Excerpt: ...ween itself and Defendant Phanh Nyothsom. (Smith Decl. Exh. A.) Pursuant to the settlement, Defendant agreed to pay Plaintiff $200 on or before the 27th day of each month commencing July 27, 2018, and continuing each month thereafter until paid in full ($6,452.38.) Defendant is in default because he failed to make payments as required. Defendant's last payment was made October 19, 2018. (Smith Decl. ¶ 5.) Defendant currently owes Plaintiff $5,92...

Excerpt: ...lled and operated the SUBJECT PREMISES. On 4/13/2017, Defendant filed its verified answer to the complaint. With respect to paragraph 5, Defendant answered "Defendant admits the allegations of that paragraph." Defendant now moves to amend paragraph 5 to deny the allegations. According to Defendant's counsel, "on December 19, 2018, while preparing responses to the supplemental discovery‐specifically, form interrogatory 15.1 that ...

Excerpt: ...urt 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; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐ 121.) I. Overview The Association alleges that Washington is a former board member of the Association and subject to its CC&Rs. Plaintiff alleges that for the last six months, Washington has been doing the following: ∙ Inte...

Excerpt: ...ws. Plaintiff was employed by Defendant beginning in June of 2012. Throughout her employment, she was pregnant on three different occasions. Plaintiff filed her complaint in this action on July 18, 2018, alleging the following causes of action: (1) pregnancy discrimination; (2) failure to prevent pregnancy discrimination and harassment; (3) pregnancy harassment; (4) failure to provide meal and rest periods; (5) failure to issue accurate itemized ...

Excerpt: ...ing directed Defendants to provide further responses on or before December 3, 2018. Plaintiff now complains that Defendants are in violation of that order, as Defendants have failed to provide further responses. Plaintiff now seeks issue, evidentiary and monetary sanctions. Defendants' Opposition to the instant motion provides additional context relevant to the Court's determination of this motion. The Court's Register of Actions reflects tha...

Excerpt: ...iffs' local counsel, the law firm of Walker Hamilton Koenig & Burbidge LLP (“Walker Hamilton”), acts together with national counsel Fleming Nolan Jez LLP, which is based out of Houston, Texas. In August 2017, the Fleming firm instructed Walker Hamilton to dismiss approximately 190 plaintiffs from various cases that had been filed in various California superior courts. The Fleming firm based this directive on (1) certain plaintiffs had claims ...

Excerpt: ...as noted in Rule of Court 2.551 (a) the Court must make the requisite determination, and the Court must not permit a record to be filed under seal based solely on the stipulation of the parties. That being said, as part of that motion, which was filed on September 1, 2018, Defendant submitted the sworn declaration of counsel, Terilynn Diepenbrock. Attached to Ms. Diepenbrock's declaration were various exhibits, of which Exhibits A, B and C contai...

Excerpt: ...ss day, a supplemental legal brief, no greater than five (5) pages in length, addressing the following: Defendants argue that Plaintiff Newton is collaterally estopped to litigate most of his causes of action because he received a “full evidentiary [administrative] hearing” and then failed to challenge the administrative decision by petitioning for a writ of mandate. (See Moving Memo. at 9:25‐27.) Collateral estoppel only applies where the ...

Excerpt: ...e to amend and OVERRULED in part. Overview This is a residential landlord / tenant dispute. The plaintiff and tenant is Darrell Emery (Emery). Emery alleges that Domus manages his apartment complex. According to Emery, his apartment became infested with bed bugs and, despite his repeated advisements, Domus failed to remediate the problem. Emery also alleges that Domus informed him that unless he funded a “second treatment,” his lease would be...

Excerpt: ...y, surgically removed as a result. The FAC contains a single cause of action for “medical malpractice / negligence.” With the moving papers, Dr. Keifer tenders expert opinions that he abided by the standard of care and did to cause Berry's injuries. (See Sep. Stmt., Undisputed Material Facts 10, 11, 13; Norton Decl., ¶¶ 8, 9.) This shifted the burden to Berry to produce evidence demonstrating the existence of a triable issue. Berry did not ...

Excerpt: ...the City's discovery of illegal indoor cultivation of 642 cannabis plants in a home owned by Plaintiff in Sacramento. The City's Code Enforcement issued the penalty on July 2, 2018, and the City's administrative appeals division affirmed the penalty on September 19, 2018. Notice of the administrative appeal decision was served on Plaintiff on October 3, 2018. Plaintiff instituted the instant action by filing a notice of administrative...

Excerpt: ...mpt, hourly employee. Nonetheless, because Wasko purports to represent as many as 19,000 of Smart & Final's employees, Smart & Final asks the court to “bifurcate” discovery such that the first phase is limited to Wasko's personal standing as an “aggrieved employee” under PAGA. Smart & Final argues that plenary discovery from the outset presents an undue burden, especially if it turns out that Wasko's personal claims lack merit and, theref...

Excerpt: ...e on January 22, 2019. No opposition was received. In this personal injury action, the parties served their initial expert witness disclosures on December 17, 2018. Defendant only disclosed Dr. Mikaelian to provide testimony regarding the nature and extent of Plaintiff's injuries. Plaintiff disclosed an expert witness to provide testimony regarding her medical bills, including the reasonableness and necessity of those bills and future medical car...

Excerpt: ...n substance, the Court combines its ruling into this single order for purposes of efficiency and judicial economy. This is a PAGA‐only action. The Court previously denied class action status as to the remaining claims. DISCOVERY AT ISSUE Special Interrogatories At issue in Plaintiffs' Motion to Compel Further Responses is Special Interrogatory No. 21, which states: “Please IDENTIFY each individual in the released contact list provided by KCC,...

Excerpt: ...rian Beck sue Defendant VRK Group LLC regarding their purchase of real property, while Plaintiffs Tom and Sunday Barrow allege they entered into an agreement to purchase property from Defendant Pacific Coast Ventures LLC. The overall substance of Plaintiffs' First Amended Complaint is that each home contains various undisclosed defects, for which Plaintiffs now seek compensation. As to moving Defendant Nguyen, only, Plaintiffs Bianchi and Beck al...

Excerpt: ...e the time appointed for hearing. If the notice is served by mail, the required 75‐day period of notice shall be increased by 5 days if the place of address is within the State of California … .” Moving party served the motion by mail on November 13, 2018, which is 77 days before the January 29, 2019, hearing date. This is insufficient notice under Code of Civil Procedure section 437c(a), which requires notice of at least 80 days before the...

Excerpt: ...t Smart & Final Stores, LLC (Smart & Final) argues that Plaintiff Dylan Wasko's motion to compel further discovery is premature in light of Smart & Final's concurrent motion to sequence discovery and for protective order. The court has denied that motion in a concurrent ruling. Given this, and given each side's concerns that counsel did not fully explore an informal resolution of the issues presented, counsel are directed to resume th...

Excerpt: ...fendants”) pursuant to which they would receive an offer for a permanent modification of their loan if they complied with the terms of a Trial Period Plan (“TPP”). They contend that they complied with the TPP but that Defendants offered a permanent modification that differed from the terms of the settlement agreement. The settlement agreement provided that it was made pursuant to CCP § 664.6. The Court notes that both parties have lodged t...

Excerpt: ... agreement with Defendant for the purchase of a heavy duty semi‐truck and that Defendant failed to make the required payments. Any party may move for summary judgment 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 establish...

Excerpt: ...8. National has not moved for summary judgment. Grange's request for judicial notice is granted. As to court records, the notice is limited as explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.) For exampl...

Excerpt: ...without leave to amend. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [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 exc...

Excerpt: ...Healthcare, Inc. dba Citrus Home's (“Citrus Home”) motion to strike portions of Plaintiff Kara Hagstrom's complaint is ruled upon as follows. Citrus Home moves to strike: (1) any and all allegations in Plaintiff's First Cause Of Action for Dependent Adult Abuse that fall outside of the recoverable statute of limitations as set forth in Code Of Civil Procedure §335.1; (2) any and all allegations in Plaintiff's Second Cause of Action for Alleg...

Excerpt: ...n an area where there allegedly was no signage warning of towing. He also alleged that Defendants caused him to be arrested by the police. He alleges causes of action under the Vehicle Code relating to towing companies, conversion, trespass to chattels, conspiracy and abuse of process premised on allegations that Cross‐ Complainants attempted to collect an unlawful towing fee and caused misdemeanor charges to be filed against him. Cross‐Compl...

Excerpt: ...om National General. He alleges that at the time he purchased the policy he did not have any individuals of driving age living in his residence. (FAC ¶ 8.) He alleges that on April 25, 2017, Plaintiff was in an automobile collision. (Id. ¶ 11.) Plaintiff filed a claim with National General and was asked whether any adults of driving age lived in the same residence as him and he responded that an adult of driving age had recently moved in. (Id. ...

Excerpt: ...dants Woodside Homes, Inc. and Woodside Homes of Northern California, L.P. (collectively “Defendants”) to compel arbitration is GRANTED, and the civil action is STAYED, as follows: Defendants' request that the court disregard the opposition as untimely is DENIED given the absence of prejudice. Plaintiff Alison Adkison (Plaintiff) filed this employment dispute in March 2018. Defendants contend that Plaintiff must arbitrate her legal claims aga...

Excerpt: ...�Defendants”) for summary judgment or, in the alternative, summary adjudication of issues is DENIED. Defendants' request for judicial notice of the original complaint is DENIED as irrelevant. Overview This case presents an employment dispute. The plaintiff is Veronica Neal (Neal). In the first amended complaint (FAC), Neal alleges that she is a registered nurse in her 60's. She also alleges that she is disabled under the FEHA but can perform nu...

Excerpt: ...follows Michaels' promotion and subsequent demotion while employed by CalPERS. She alleges that, after working as a Staff Services Manager (SSM) I for several years, she was offered an out‐of‐class assignment with CalPERS as a Data Processing Manager (DPM) II. Michaels accepted the appointment and worked as a DPM II for a term that, after being extended once, ended in February 2015. After the appointment formally ended, however, she continued...

Excerpt: ... *** Plaintiff/Cross‐ Defendant Nivano Physicians, Inc.'s (“Nivano”) demurrer to Defendant/Cross‐Complainant David Scribner's (“Scribner”) first amended crosscomplaint (“FACC”) is ruled upon as follows. Overview In its complaint, Nivano alleges it is a large Independent Practice Association (“IPA”). In December 2016, Nivano hired Scribner to be general counsel to Nivano Care Medical Group (“NCMG”), a medical group associat...

Excerpt: ...ov is alleged to be Sunrise's owner, manager, alter‐ego. Plaintiff alleges that Sunrise agreed to sell the vehicle for $6,200 plus taxes and fees. Gerasnekov prepared, and Plaintiff signed the handwritten Retail Installment Sale Contract (“Handwritten RISC”). She alleges that the Handwritten RISC was not completely filled out, and Gerasnekov informed her that he needed to finalize the financing electronically. She alleges that the Handwritt...

Excerpt: ...owed money secured by the property at 898 San Ramon Way, Sacramento, California 95684. They defaulted on their loan, and their servicer at the time, Bank of America, caused recording of a notice of default in March 2008. In July, 2008 a notice of trustee's sale was recorded. A foreclosure sale was held August 21, 2008. The loan's owner, BoNYM, obtained title through a credit bid. A trustee's deed upon sale was recorded September 4, 20...

Excerpt: ... defendants breached the commercial lease and guaranty. The Cross‐complaint alleges that plaintiffs/cross‐ defendants failed to disclose that the prior tenant of the space leased by cross‐complainant Kiene was a dry‐cleaner that operated their business using PERC, a known environmental toxin. Cross‐complainants had leased the space to operate a fly fishing business. Crosscomplainants contend they relied on the concealment/misrepresentat...

Excerpt: ... filing papers in this court. Copies of papers filed with the court must be served on parties that have appeared in the action or, if the parties are represented, then on their counsel of record. In addition, written proof that such service was made must be filed with the court prior to hearing. (See Sacramento County Superior Court Local Rule 2.30(E).) Future failures to serve papers could result in adverse rulings, including rulings that papers...

Excerpt: ...ng out of the mental health treatment he received from her following his June 26, 2015 incarceration. Specifically, Plaintiff alleges that on October 14, 2015 and January 6, 2016, Ms. Williams denied him psychiatric treatment. Plaintiff asserts two medical negligence claims. In plaintiff's first claim, he alleges that on October 14, 2015, he requested psychiatric treatment and Ms. Williams denied him adequate treatment. He alleges that Ms. Wi...

Excerpt: ...amlin (Hamlin) (collectively “Plaintiffs). The SAC contains a single cause of action for legal malpractice. Plaintiffs allege that they are beneficiaries of a family trust (the “Trust”). They contend that, after each of the original trustees died, Defendants failed to take certain actions in relation to the Trust. Among other things, Plaintiffs allege that (1) Defendants failed properly to advise the surviving trustee after the other truste...

Excerpt: ...her Dockery, Jr., for injuries she sustained after allegedly hiring them to transport her to her home. Among other things, she alleges that each defendant negligently maintained the vehicle and thereby caused the collision. (See Compl., ¶ 8.) She also advances theories of negligence based on the defendants' ownership, entrustment and operation of the vehicle. (See id.) Hertz demurs on grounds that the allegations are uncertain, fail to state a v...

Excerpt: ...ic discovery requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1345(c) inasmuch as the moving separate statement failed to include the definitions of various terms used in the underlying discovery requests and Rule 3.1345(c) clearly requires the separate statement to inc...

Excerpt: ...s the lanes and directly into plaintiffs' path of travel. Plaintiffs have propounded discovery but defendant's counsel has indicated defendant is mentally incapable of responding and may be suffering from Alzheimer's disease. Plaintiffs have issued a subpoena to UC Davis Medical Center seeking defendant's records which pertain to “Dementia and or Alzheimer's [sic].” Defendant now moves to quash the subpoena on various grounds including that i...

Excerpt: ...ressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing. If moving ...

Excerpt: ...for the benefit of the parties and counsel but in Judge Rodda does not find it to be a reason for recusing himself from this matter. *** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of the three issues submitted for summary adjudication, which of moving defendant's 20 Undisputed Material Facts and/or which of plaintiff's 19 Additional Material Facts will be a...

Excerpt: ...ow will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a heari...

Excerpt: ...unsel and advise them of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Factual Background This action arises out of a dispute relating to TSCS, an LLC which operates a restaurant and bar in Sacramento. Plaintiffs are two of the founding members in ...

Excerpt: ...eting, and corporate officer, Felicia Joubert (“Joubert”) secretly established co‐defendant Emergent Technology Services, Inc. (“Emergent”) to compete with DSI. Joubert resigned in October 2017. After she resigned, DSI accessed her company email account and discovered that she deleted all the email in her "sent" email folder prior to her resignation. DSI alleges that pursuant to DSI Mirror Stock Plan, upon resignation Joubert wa...

Excerpt: ...ssed 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 Aeorojet Rocketdyne, Inc. (“ARI”) and Steve Hill's (“Hill”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. 1. Overview This is an employment action. Plaintiff Stev...