Excerpt: ...filed on August 8, 2011, by Plaintiff and others against Lillian Penton (“Penton”) and Leanne Morris (“Morris”), Sacramento County Superior Court case no. 34‐2011‐00110427 (the “Underlying Action”). In the Underlying Action, plaintiffs alleged the real property they had rented from Penton and Morris suffered from various defects that left the property uninhabitable and caused personal injuries to the occupants. Penton and Morris h...

Excerpt: ...8th date, he was flexible to changing the date. Defendant did not serve objections to the deposition notices, but instead served objections. Between May and June 2017, the parties attempted to meet and confer regarding deposition dates. The action was thereafter stayed when a motion to compel arbitration was filed. The court denied the motion to compel arbitration and the stay was lifted on October 10, 2017. In December 2017, Plaintiffs resumed m...

Excerpt: ...tion for terminating sanctions against Hall for his failure to respond to discovery and failure to comply with the Court's repeated discovery orders. On 12/14/2018, Defendant filed the instant motion to compel Hall's attendance based on his failure to appear pursuant to the notice of deposition. CCP § 2025.450(a) provides that "If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or...

Excerpt: ...can President Lines Ltd., (collectively “Defendants”) for judgment on the pleadings is DENIED. Defendants' request for judicial notice of a dictionary definition of the term “shipping container,” and of facts related to the Bureau International des Containers et du Transport Intermodal, is denied as irrelevant. Overview This is a personal injury case under California law. The plaintiffs are Narendra Prasad (Narendra) and Sushila N. Prasad...

Excerpt: ..., Plaintiff sent a settlement demand seeking the repurchase of the vehicle and $6,436.30 in attorney's fees and costs. Defendant counter‐offered for $9,500 inclusive of fees and costs. Plaintiff rejected the offer. On 3/31/2016, Plaintiff sent another settlement offer, requesting repurchase and $25,741.36 in attorneys' fees and costs. Defendant did not respond. On 4/3/2017, Defendant offered $12,500 inclusive of attorneys' fees and costs. Plain...

Excerpt: ...t they had not paid rent for the storage unit. Plaintiffs also allege that Defendant wrongfully converted the property in the storage unit. On 11/8/2018, the Court granted Defendant's unopposed motion for terminating sanctions against Hall. Defendant now seeks $26,754.35 in attorneys' fees pursuant to contract. (Civ. Code 1717.) Defendant points to the following provision in the contract which it contends entitles it to attorneys' fee...

Excerpt: ...nc. dba Citrus Home's (“Citrus Home”) demurrer to Plaintiff Kara Hagstrom's complaint is ruled upon as follows. This is an action for Dependent Abuse (W&I Code 15600 et seq.) and Violation of Resident's Bill of Rights. The action is brought by Plaintiff Kara Hagstrom (“Kara” or “Plaintiff”), by and through her Guardian Ad Litem, Wesley Hagstrom. Citrus Home is an intermediate care/developmentally disabled nursing facility. Kara is a b...

Excerpt: ...utter Health Sacramento Sierra Region dba Sutter Auburn Faith Hospital's (“Sutter”) demurrer to Plaintiffs Ronald and Rosemary Dougherty's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an action for medical malpractice, survival and wrongful death of decedent Stephen Dougherty (“Stephen”). Plaintiffs are Stephen's biological parents. They allege that they are entitled to Stephen's property “under the law...

Excerpt: ...risdictional and the failure to file an action in the proper venue does not demonstrate that the complaint fails to state a cause of action. Rather a challenge to venue should be raised by way of a motion to transfer venue. (CCP § 396a, 396b (stating that a challenge to venue may be made by motion at the same time the defendant answers, demurs, or moves to strike, or may be made by motion in lieu of answering, demurring or moving to strike). Mr....

Excerpt: ... M.D., Inc. (collectively "Taylor"). However, Taylor continues to claim the use of the “Health Care for Women” name when identifying her private practice, and continues to claim she represents and is authorized to act for “Health Care for Women.” Wellspace further alleges that Taylor wrongfully directed the US Postal Service ("USPS") to forward all mail addressed to “Health Care for Women” at 7601 Hospital Drive (Wells...

Excerpt: ... Exs. AC.) As the record establishes defendant Magen Michelle Hernandez has no interest in the vehicle given that the amount owned exceeds the value of the vehicle, RAC is not required to file an undertaking. The amount Defendant must post as an undertaking to stay delivery or regain possession pursuant to CCP § 512.020 is $28,254.29. RAC is also entitled to a turn over order. (CCP § 512.070.) With a writ of possession the court may also issue ...

Excerpt: ...ne day late on January 11, 2019. No prejudice has been shown. Plaintiff timely filed her opposition brief and other supporting documents on January 9, 2019, and Defendants timely filed a reply on January 16, 2019. Background This action arises out of a motor vehicle accident that occurred on February 27, 2015, in Sacramento, California. Plaintiff alleges she suffered personal injuries when she was rear‐ended by Defendant Nicholas Anaya. Plainti...

Excerpt: ...laint (FACC), the court summarized the action as follows: In 2004 FEOC was awarded a grant from Parks to construct a Neighborhood Youth Center (“NYC”) consisting of a gymnasium and an administration building. A contract memorializing the terms of the grant was executed in 2005. The City of Fresno (“City”) subsequently approached FEOC about selling the gymnasium, which FEOC maintains was constructed with none of the grant's proceeds. In 20...

Excerpt: ...alifornia and California Horse Racing Board (Board) and Board of Stewards (Stewards) (collectively “Defendants”) to the FAC is SUSTAINED in part and OVERRULED in part. Defendants' request for judicial notice is GRANTED. In its discretion, the court has considered Plaintiff George L. Luster's (Luster) opposition notwithstanding any untimeliness. Future failures to comply with statutory deadlines, however, could result in adverse rulings. Overv...

Excerpt: ...sed on a model protective order used in the Los Angeles County Superior Court. GML has revised the model version to bar disclosure to experts who are currently employed by its competitors. Because the protective order allows a party to challenge designations, it does not improperly delegate the determination of trade secrets to the parties. (Compare Stadish v. Superior Court (1999) 71 Cal.App.4th 1130, 1139, 1144, 1146‐ 1147.) The court notes t...

Excerpt: ...e. Defendant Dean Kratzer's motion to dismiss is denied. Defendant moves to dismiss Plaintiff's complaint which was filed on July 7, 2015, on the basis that Plaintiff failed to serve the complaint within three years of filing. A motion to dismiss for delay in service of summons is not a general appearance. (Code Civ. Proc, § 583.220(b).) Plaintiff opposes the motion on the basis that service of the complaint within three years was impossible, im...

Excerpt: ...ainst the defendant.” (CCP § 583.310.) “[A]n action shall be dismissed…after notice to the parties, if the action is not brought to trial within the time prescribed in this article.” (CCP § 583.360(a).) Dismissal is mandatory and not subject to extension, excuse, or exception, except as expressly provided by statute. (CCP § 583.360(b).) Pursuant to CCP § 350, an action is commenced when the complaint is filed. The complaint in this ac...

Excerpt: ...endants did not file a separate opposition to this motion, their opposition to the other pending motion to compel by plaintiff addresses in part matters which are relevant to this motion as well and thus, the court construes defendants' singular opposition to the other pending motion as an opposition to both of these motions brought by plaintiff. This is a wage‐and‐hour case brought by a single plaintiff. According to the moving papers, plain...

Excerpt: ...ggrieved employees alleges that Vivint violated various Labor Codes and Wage Orders. Plaintiff asserts a single cause of action for Violation of the Private Attorneys General Act (Labor Code §2698, et seq.) Plaintiff seeks to recover civil penalties pursuant to Labor Code §§ 2698‐2699.5. (Complaint, ¶¶ 35‐37.) In his prayer for relief, Plaintiff requests “civil penalties according to proof, including but not limited to the amount of an...

Excerpt: ...nalysis, the court acknowledges two intervening matters that arose after the motion was filed and impact its resolution in part. On November 30, 2018, the Court sustained Foundation's Motion for Judgment on the Pleadings as to the Plaintiffs' Third and Fourth causes of action, so those causes of action are no longer at issue on this motion. And, Mr. Komski passed away on November 12, 2018, and the Court is not aware of any record action at presen...

Excerpt: ...usly has been providing misleading and deceitful information to potential trial witnesses in order to improperly influence their trial testimony.” To that end, they argue that in connection with certain Notices to Consumer and Deposition Subpoena, Mr. Collins informed witnesses [not parties] that Defendant's upper management were responsible for Ms. Lovenstein's injuries and that Defendants would attack the witnesses credibility at trial becaus...

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

Excerpt: ...er's is directed to review Local Rule 1.06 and provide the requisite language regarding the court's tentative ruling procedure in all notices of motions and applications. This court is not persuaded that any of the conduct attributed to defendant or its attorney (e.g., declining to sign and return the Notice and Acknowledgement of Receipt of Summons & Complaint; failing to timely respond to the original complaint; and filing a demurrer to both or...

Excerpt: ...rties have informed the Court that Mr. Komski has passed away. Mr. Komski alleged his status in the present action as the Master of the California State Grange, and as a de facto director of Foundation. Mr. Skinner's declaration states that “[t]he California State Grange may seek to substitute one or more other individuals into this action in place of Mr. Komski.” (Skinner Dec., 1:23‐24.) The case record does not indicate that any steps hav...

Excerpt: ...M.C.M. Construction, Inc. ("MCM") a privately‐held construction company formed in 1973. The five shareholders are James and Judith Carter, Joey Carter, Jeffrey Carter, Harry McGovern, and James Coppini. Plaintiff seeks an order appointing provisional directors for MCM to serve on a special litigation committee (“SLC”) for the purposes of evaluating and taking action on a September 26, 2018 demand made by shareholders James and Judit...

Excerpt: ...r a stay are DENIED as moot. Defendants' request for judicial notice of court documents is GRANTED. Overview This is a PAGA action under the Labor Code. The representative plaintiff is Ashleigh Phillips‐Armstrong (Plaintiff). Plaintiff filed this action on 8/24/18. She alleges that, between March 2017 and late August 2017, she worked for Defendants at a Chili's Grill & Bar Restaurant in Sacramento. (Compl., ¶ 6.) The complaint contains a singl...

Excerpt: ...r to plaintiff Francisco C. Tyquiengco's (“Plaintiff”) First Amended Complaint (“FAC”) is unopposed and is ruled upon as follows. Defendants' request for judicial notice of the Notice of Trustee's Sale is granted. In taking judicial notice of the recorded land document, the Court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Factual and P...

Excerpt: ...man who worked as an information systems manager at UC Davis Medical Center (“UC Davis”). She alleges that UC Davis engages in racial discrimination (disparate treatment) in the way the employees were promoted and in the way IT work was assigned. She alleges that she was retaliated against for making complaints regarding racial discrimination. Plaintiff began her employment in December 2011. She was terminated from her position on September 1...

Excerpt: ... Lanyadoo's (“Lanyadoo”) motion for summary judgment/adjudication. As noted in the Court's December 27, 2018, minute order, both the Irrevocable Trust's and Lanyadoo's motions are predicated upon the same arguments: the entire lawsuit, and each cause of action therein, is barred by the doctrine of judicial estoppel for Gopal's failure to disclose this lawsuit in Gopal's bankruptcy and, if any claims are not judicially estopped, Plaintiffs lac...

Excerpt: ...�game purchases of deceptively marketed in‐game items in Defendant's immensely popular games Overwatch and Hearthstone. The complaint concerns Defendant's “unfair and deceptive marketing of ‘Packs' for purchase by Hearthstone users, and of "Loot Boxes" for Overwatch users. Packs and Loot Boxes are virtually identical except in name. They both contain virtual items for use in the game, and they are purchased with real money. Blizzard...

Excerpt: ...Insurance Company (“Defendant” or “Golden Bear”). The motion is granted in part and denied in part, as follows. Defendant's request for judicial notice of the complaint, cross‐complaint, and Plaintiff Ariz de la Vega's notice of request for dismissal is granted. Background Plaintiffs Pete and Ariz de la Vega filed a complaint against Golden Bear, their residential property insurer, on June 21, 2018. The complaint alleged one cause of ac...

Excerpt: ...llectively “Plaintiffs”). Plaintiffs allege what appears to be an oral agreement that they would acquire title to a residence in exchange for payments to Fisher. Plaintiffs allege the following: 8. Prior to January, 2018, FISHER was the reputed owner of the Residence, but was not on title at that time. 9. In about January 2018, FISHER'S son, Coye Fisher ("Coye"), contacted DUPLECHAN about purchasing the Residence. Coye had previou...

Excerpt: ...ts for admissions admitted is DENIED. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Counsel for Plaintiffs is ordered to notify Defendant's counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Defendant's counsel appears without following the procedures set forth in Local Rule 1.06(B). This, however, i...

Excerpt: ...Anthony Short's probation report pursuant to Penal Code section 1203.5 and motion to compel production of documents pursuant to subpoena is granted as set forth below. In this wrongful death action, Plaintiff seeks an order pursuant to Penal Code section 1203.5 granting her petition to copy Defendant Joseph Short's probation report and an order compelling the Sacramento County Probation Department to comply with her subpoena requesting the report...

Excerpt: ...h of contract, breach of warranty of habitability, and wages owed. Among other things, Scallin alleges that he was required to perform work on the property to make it habitable, and that he should be compensated for his labor. In June 2018, RRI served Scallin with its first sets of form interrogatories, special interrogatories, requests for admissions and document requests. Scallin's attorney did not timely object. In late July 2018, Scallin serv...

Excerpt: ...or Ridgestone Apartments, to the amended complaint filed on 10/30/18 is OVERRULED in part and SUSTAINED in part without leave to amend. Logos' further request for an order transferring this matter to the court's small claims division is DENIED. Plaintiff Kent Taylor's (Taylor) request for a continuance is DENIED. Although Taylor filed an extensive opposition on 1/04/19, he argues that an automobile collision on 12/20/18 caused him head trauma tha...

Excerpt: ...ce which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant/cross‐complainant Martinez's motion for summary judgment/adjudication on plaintiff's complaint is ruled on as follows. Although the notice of motion provided notice of the court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, ...

Excerpt: ...itted on law and motion matters. *** *** If oral argument is requested in an attempt to obtain leave to amend, plaintiffs shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendants Samuel Merritt University (“SMU”), Sutter Health (“Sutter”) and Isaac Bristow's (“Bristow”) (collectively “Defendants”) demurrer to the Third Amend...

Excerpt: ...fliction of emotional distress, elder abuse and wrongful death in connection with an incident on August 28, 2017 when the Decedent, who was terminally ill from lung disease, received a morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physician for a morphine drip at 1 milligram per hour. Defendant demurs to the second, third and fourth cause of action for NIED, IIED and elder abuse. However, Defendant's rep...

Excerpt: ...� 430.41. They have now done so. In this action Plaintiff alleges numerous causes of action against Defendant, including the Seventh Cause of Action for Wrongful Termination in Violation of Public Policy which is the subject of the instant demurrer. Plaintiff alleges that she began working for Cal Worthington as the business manager of the Worthington Dealership in Sacramento in 1987. (SAC ¶ 12.) She alleges that in 1991 she was moved to the cor...

Excerpt: ...strike Defendant's amended cross‐complaint. On December 6, 2018, the Court denied her motion for reconsideration of that ruling. On December 10, 2018, this Court granted Plaintiffs' motion for attorneys' fees pursuant to CCP § 425.16(c)(1) in the amount of $5,704.20. Defendant now seeks reconsideration of that order. As pointed out in opposition, while the proof of service states that the motion was served on the City Attorney on December 10, ...

Excerpt: ...on 9/1/2017. The caption on all filings should be identical to the original complaint regardless of the fact that some parties have been dismissed or added and/or that their true names have been subsequently discovered. Factual Background Plaintiffs allege that in October 2016 contractors hired by the City of Sacramento (“City”) trespassed onto plaintiffs' property and wrongfully and unnecessarily denuded a number of trees without notice or c...

Excerpt: ...ry 15, 2019 (though served on January 14.) On December 20, 2018, this Court granted Pacful's unopposed motion to compel. Plaintiff was ordered to serve verified responses, without objections, to Pacful's form interrogatories and requests for production (sets one) no later than January 3, 2019. The Court also granted Pacful's motion to deem matters in its requests for admissions admitted and awarded monetary sanctions. Defendants seek terminating ...

Excerpt: .... Trial is currently set to commence on 3/11/2019. Defendant avers that around the end of October 2018, it discovered that it inadvertently failed to include this affirmative defense in its November 2016 answer to complaint (despite the fact defendant had raised this same defense by demurrer in August 2016 and reasserting it in subsequent motions for summary judgment). Contending that plaintiffs have long been aware of defendant's theory this cas...

Excerpt: ...mpel compliance with Plaintiff's request for production yet the separate statement and accompanying papers indicate that Defendant interposed objections to the requests at issue (34‐40, 41 and 42) and did not agree to produce any documents. A motion to compel compliance is only proper where a party has agreed to produce documents but has failed to do so in compliance with its statement. (CCP § 2031.320(a).) As such, the motion at most can ...

Excerpt: ... On March 9, 2018, Guillermo Posada filed a class action complaint in Los Angeles Superior Court (“Posada”) against Defendant alleging labor code violations similar to the violations on which Plaintiff's PAGA claims are based. Defendant now moves to stay this action while the Posada action is pending so that the underlying labor code claims could be resolved before reaching the PAGA penalties in this action. On December 11, 2018, this Court g...

Excerpt: ...nd others. Defendant seeks to compel this matter to arbitration pursuant to an arbitration agreement contained in the “GameStop C.A.R.E.S. Rules of Dispute Resolution Including Arbitration. (“CARES”). Plaintiff opposes the petition on the basis that the agreement is unconscionable and does not comply with Armendariz v. Foundation Health Psychare Services, Inc. (2000) 24 Cal.4th 83.) Defendant has been operating as a GameStop subsidiary and ...

Excerpt: ...for the sale of illegal drugs, prostitution and public sex acts, and has become a haven for homeless people. Plaintiff also alleges that there has been an increase in burglary and theft. Plaintiff brings the complaint using the pseudonym “John Doe” because he wishes to maintain his privacy and has a fear for his safety. Plaintiff alleges that he lives in close proximity to the defendants and the property. Defendant moves to strike the complai...

Excerpt: ...alite's Employee Personnel Manual. Plaintiff does not dispute whether there is a valid arbitration agreement. Rather, Plaintiff insists that the arbitration agreement is unconscionable. Legal Standard The party seeking to compel arbitration bears the burden of proving the existence of a valid arbitration agreement. (Engalla v. Permanente Medical Group (1997) 15 Cal.4th 951, 972.) "Once that burden is satisfied, the party opposing arbitration ...

Excerpt: ...laintiff Lambert Davis (Davis) is suing Defendants for violation of the Unruh Civil Rights Act, CC §§ 51 and 52(a). Davis allegedly operates a company that produces and sells cheesecakes. He alleges that he sometimes provides individuals in professional athletics with cheesecakes in exchange for tickets to sporting events. Davis, who is African‐American, describes Krivacic as a Kings employee who currently serves as the Assistant Golden One B...