Excerpt: ...The complaint asserts that Michael Betz had shortly before the accident become intoxicated while attending a party hosted by his employer(s) identified as Doe Defendants 11‐100 and purports to allege three separate causes of action: Negligence against Michael Betz; negligent entrustment against Marion Betz; and vicarious liability against Doe Defendants 11‐100. The final cause of action, consisting of just two paragraphs other than incorporat...

Excerpt: ... This action arises out of a four‐car collision occurring on February 7, 2020, where Plaintiff was driving her vehicle northbound on Bradshaw Road in the number 1 lane at a speed of 40‐50 mph. (Sullivan Decl. ¶ 5, Exh. C (Traffic Collision Report).) Mr. Johnson was driving his employer Volunteers' vehicle southbound on Bradshaw Road in the number 1 lane at a speed of about 40 mph and attempting to make a left turn towards an access road. (Su...

Excerpt: ...oss‐complaint on May 25, 2022. Lombardi dismissed his cross‐complaint on July 18, 2022. As a result of Lombardi's dismissal of his cross‐ complaint, MCM filed a memorandum of costs. (ROA 33.) Lombardi then moved to strike or tax MCM's memorandum of cost. (ROA 34.) MCM filed a request for dismissal of its own complaint prior to the hearing on Lombardi's motion to strike/tax. (ROA 39.) Lombardi filed the memorandum of costs at issue in this m...

Excerpt: ...CFE and individual defendants Francis Kang and Caroline Kang (collectively “Kang Defendants”) when Defendant Mee Lai Fong (“Fong”) attacked Patton with a metal cane, ultimately leading to her death. Plaintiffs filed their initial complaint on August 27, 2018 and their first amended complaint on October 13, 2020. Plaintiffs move to file a second amended complaint to add an eighth cause of action for Fraudulent Transfer/Conveyance pursuant ...

Excerpt: ...lligan's Island. At the same general time and location, Plaintiffs were floating in a raft in the same general location, when Defendant ran them over, thereby causing injury and damages to Plaintiffs. Defendant filed its initial answer on March 21, 2022. Trial is currently scheduled for August 12, 2024. Defendant moves to amend the answer to alter the original language by adding affirmative defenses seven (Harbor & Navigation code 652.5 and 655.2...

Excerpt: ...ed to pay the $40,000 and she now seeks to enforce the agreement pursuant to CCP § 664.6. Plaintiff however, concedes that Defendant filed for bankruptcy in August 2022 and that there is a bankruptcy hearing at the end of November. 11 U.S.C. § 362(a)(1) automatically stays actions when one party files for bankruptcy. “The automatic stay provisions of the Bankruptcy Code prohibit the continuation of a judicial action against the debtor that wa...

Excerpt: ...read defects including defects affecting the engine and brakes, Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production, specifically requests nos. 16‐ 36, 39 and 40. These requests relate to Defendant's policies and procedures in handling vehicle repurchase or replacement requests and also determining repurchase offers. They also request information regarding the subject vehicle, in additio...

Excerpt: ...ause of action for penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Pursuant to the United States Supreme Court's ruling in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, Defendants now move to compel Plaintiff's individual PAGA claim to arbitration and to dismiss the action based on a lack of standing to maintain the “non‐individual” or representative PAGA claim. Briefly, prior to the ruling in Vi...

Excerpt: ...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. *** Plaintiffs Jose Mejia (“Mejia”), Miguel Osuna (“Osuna”), and Oscar J. AlmanzanMartinez's (“Almanzan”)(collectively “Plaintiffs”) motion for summary judgment is ruled upon as follows. I. Overview This is a putative class action for Labor Code violations and Attorney Private...

Excerpt: ...d to third parties. These include a demand for exchange of expert witness information, supplemental request for production, supplemental interrogatories, form interrogatories (set two), special interrogatories (set three), request for production (set three), request for admissions (set one), and numerous subpoenas for production of business records to third parties. According to Plaintiff, a protective order is warranted because Defendant's disco...

Excerpt: ...ry" pursuant to CCP §2023.030. According to Defendants, in response to their demand for production of documents, Plaintiff improperly objected that documents regarding Brandt fees were protected by the attorney‐client privilege. Plaintiff's counsel refuses to produce documents regarding Brandt fees, including, his written fee agreement and invoices. Plaintiff's counsel also states that the documents do not exist. (Declaration of Roger Jaffe, �...

Excerpt: ...n and harassment free work environment, and negligent hiring, supervision and retention. Plaintiff alleges that she was subject to disproportionate discipline as compared to her non‐African American co ‐workers, was micro‐ managed by her superiors more frequently than her non‐African American co‐workers, and was denied perks and privileges that are afforded to her non‐ African American co‐workers. (Complaint, ¶ 40.) She further all...

Excerpt: ...vise him/her 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 by Zoom or by telephone. Background In this personal injury/wrongful death action, Plaintiffs filed their complaint against Defendants on March 8, 2022. Plaintiffs allege that Defendant Singh negligently operated ...

Excerpt: ...cised his First Amendment rights by appealing an adverse employment action taken against him. Plaintiff later resigned his employment. After resigning, Plaintiff publicly criticized CalFire officials and management. (3AC, ¶¶ 17‐ 18.) In April 2018, Plaintiff and South Coast Helicopters ("SCH") entered into an employment contract in which Plaintiff agreed to perform services for SCH as a helicopter pilot and general manager in return for compe...

Excerpt: ...e 27, 2000, and as amended January 10, 2013 (the “Trust”). (FAC, ¶ 1.) Horgan is the Primary Beneficiary. (FAC, ¶ 7.) Defendants are attorneys who prepared the Trust. (FAC, ¶¶ 2 and 5.) Plaintiffs allege Defendants negligently drafted the Trust in a manner that delayed Horgan's ability to appoint a successor trustee, which resulted in the filing of otherwise unnecessary litigation and Trust disputes. (FAC, ¶¶ 5‐9.) Plaintiffs allege D...

Excerpt: .... On July 15, 2021, Plaintiff's PAGA claim was dismissed following Defendant's demurrer. (ROA 40.) Thus, the action proceeding with one cause of action for violation of Labor Code section 226 (failure to furnish accurate itemized wage statements). On July 11, 2022, the Court issued its order granting Plaintiff's motion for preliminary approval of class action settlement. (ROA 70.) Pursuant to that order, the final fairness hearing was set for tod...

Excerpt: ...n (“FedEx”). (Complaint, ¶¶ 9‐ 10, 14.) On February 14, 2022, Plantiffs and Phu were traveling southbound on I‐5. (Complaint, ¶¶ 14.) Phu was traveling behind Plaintiffs. (Ibid.) Near the location of the accident there was an advisory sign advising southbound motorists “CAUTION/WATCH FOR SLOW TRAFFIC.” (Complaint, ¶ 18.) The posted speed limit in the area was 70 mph for passenger vehicles and 55 mph for vehicles towing trailers. ...

Excerpt: ...el is granted. On May 27, 2022, Defendants served supplemental discovery requests to Plaintiff. (Kono Decl., ¶ 3, Exh. A.) On June 28, 2022, Plaintiff served unverified responses. (Kono Decl., ¶ 4, Exh. B.) Plaintiff failed to serve verified responses by the deadline of June 29, 2022. (Id. at ¶ 3.) On June 28, 2022, Defendants emailed Plaintiff's counsel to request verifications and to obtain clarification regarding the unverified responses. (...

Excerpt: ...a complaint by their former counsel, Kenneth Burt II. (ROA 1.) Plaintiffs' filed the operative first amended complaint (“FAC”) on July 12, 2019, which included various causes of action stemming from alleged mold in Plaintiffs' apartment. (ROA 24.) Defendants served written discovery in the form of document requests on November 18, 2019. (See Rishwain Decl. ISO Motion to Compel Further Responses, filed May 18, 2020 (hereafter, “Rishwain Decl...

Excerpt: ...he operative second amended complaint ("SAC"), Plaintiff brings claims under the Fair Employment and Housing Act ("FEHA") for (1) sexual harassment, (2) racial discrimination, (3) disability discrimination, and (4) retaliation. Plaintiff also alleges a fifth cause of action for retaliation under Labor Code section 1102.5 plus a sixth cause of action for intentional infliction of emotional distress. (See, SAC, p. 1.) The first and sixth causes of ...

Excerpt: ...rected to contact Plaintiff's counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the court's tentative ruling procedure. If Defendant is unable to contact Plaintiff's counsel prior to the hearing, Defendant shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event Plaintiff's cou...

Excerpt: ...obtained a default judgment on August 23, 2021 (ROA 22). On August 31, 2021, Defendant moved to set aside the entry of default and default judgment and to quash service of summons. (ROA 26.) The Court granted the unopposed motion on September 29, 2021. (ROA 28.) The Court's ruling was based on Defendant's testimony that she had not resided at the address where a substituted service of summons and complaint was attempted for several years and thus...

Excerpt: ...Benjamin Vaden within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that plaintiff Theodore Benjamin Vaden need not request oral argument. The Litigation Coordinator shall make plaintiff Theodore Benjamin Vaden available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, w...

Excerpt: ...8 motor vehicle accident in which he sustained a traumatic brain injury. The 2AC advances causes of action for dependent adult abuse, misrepresentation, concealment, negligent infliction of emotional distress (“NIED”) and wrongful death. In brief, plaintiffs allege that after being admitted to CVSH in September 2018 Ronald continually lost weight and his family's complaints about undernourishment were ignored, resulting in more lost weight an...

Excerpt: ...Chui Faising, Timothy Tight, Michael McCarthy, Glenn Wilson, John Mullen, Richard Girard and Diabetic Innovations, LLC, (“Plaintiffs”), jointly and severally, is ruled upon as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues identified below which will be addressed at the hearing. Counsel are also reminded that pursuant to local rul...

Excerpt: ...paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Failure to comply with this rule makes it cumbersome for the Court to review Defendant's exhibits and evidence in support of this motion. Factual and Procedural Background This action arises from Plaintiff John Sedgh, M.D. (“Sedgh” or “Plaintiff”) serving as a member of Defendant's Panel of Consultative Examiners (the “Panel”). The Panel det...

Excerpt: ... untimely. Plaintiff filed this action on June 6, 2019, alleging claims for disability discrimination, disability harassment, age discrimination, retaliation, failure to prevent discrimination/harassment, failure to engage in the interactive process, medical leave discrimination, wrongful termination, and violation of Health & Safety Code § 1278.5. On May 3, 2022, Plaintiff filed the operative Second Amended Complaint (“2AC”) which alleges e...

Excerpt: ...es outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms o...

Excerpt: ... of motion provides the incorrect address of Department 53. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. FACTS/PROCEDURAL HISTORY: On July 6, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). (ROA 20.) Plaintiff's FAC asserts the following causes of action: (1) harassment against Defendants, (2) failure to prevent discrimination, harassment, o...

Excerpt: ...at a balance of $3,889.92 is now due. Plaintiff now moves for summary judgment. Plaintiff's separate statement includes the following. Defendant applied to Plaintiff for a credit card and entered in a written credit card account agreement. Defendant agreed to be bound by the terms of the agreement through applying for, receiving and using the subject credit card. Defendant used the subject credit card and Plaintiff complied with its obligations b...

Excerpt: ... shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be November 3, 2022, to participate in oral argument. To appear on Zoom telephonically, call (833) 568...

Excerpt: ...st in property located at 8000 Freeport Blvd., Sacramento (“Property”), and an owner of a one‐half contingent interest in the Property. Plaintiff alleges that Defendant Albert Wilson, Jr. Revocable Trust executed July 18, 2019 (“Trust”) is a trust entity, wholly within the control of Defendant Albert Wilson, Jr. ("Albert") (collectively “Defendants”) and a contingent owner of a one‐half (50%) interest in the Property. Plaintiff al...

Excerpt: ... the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( th Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebney v. Wells Fargo Bank (1990) 220 Cal...

Excerpt: ...rayton and Doe Spouse Crayton (collectively, “Debtors”). Judgment was entered against Debtors originally in Arizona on July 18, 2019, and the judgment was entered as a sister state judgment in California on March 12, 2020. (ROA 4.) The judgment awarded “all costs and reasonable attorney fees incurred by Plaintiff after submission of this judgment for entry by the Court in collecting the amounts listed in this Judgment.” (See Arizona Judgm...

Excerpt: ...ilarly situated individuals who were employed by Defendant ONEHALLOWEENNIGHT, Inc. in California from January 23, 2016 to January 23 2017 and received a wage statement containing their full social security number. Plaintiff alleges that Defendant violated Labor Code § 226 by printing social security numbers on wage statements. The PAGA settlement calls for Defendant to make a gross payment of $42,500. The settlement provides that attorneys' fees...

Excerpt: ... arises from or relates to Employee's application or candidacy for employment, employment and/or cessation of employment with Company, it will be submitted to final and binding arbitration before a neutral arbitrator." (Gordon Decl., Exh. A (“Agreement”), p. 1.) The Agreement covers "any claim, dispute, and/or controversy that either the employee or the company may have against each other arising from, related to, or having any relationship o...

Excerpt: ... to appear in a particular cause pending before a court of this state may, ‘in the discretion of such court' be permitted to appear as counsel pro hac vice. (Cal. Rules of Court, rule 9.40(a).)” (Sheller v. Superior Court (2009) 158 Cal.App.4th 1697, 1713.) However, a person is ineligible to appear as counsel pro hac vice if the person is (1) a California resident; (2) regularly employed in California; or (3) regularly engaged in substantial ...

Excerpt: ...owing six causes of action: (1) race discrimination; (2) failure to prevent discrimination; (3) retaliation; (4) harassment; (5) negligent infliction of emotional distress (“NIED”); and (6) intentional infliction of emotional distress. Plaintiff is an African American man. (Complaint, ¶ 4.) Plaintiff has been employed as a senior custodian at UC Davis Medical Center since 2016, with duties that include cleaning the facility. (Complaint, ¶¶...

Excerpt: ...rd amended complaint (“TAC”) is granted. In taking judicial notice of this document, the Court accepts the fact of its existence but not the truth of its contents. Defendant Initial Response Security, Inc.'s (“IRS”) request for judicial notice is also granted, with the same caveat. Background This is a personal injury case wherein Plaintiff Timothy Hayes (“Plaintiff”) alleges that he was physically attacked by three individuals while ...

Excerpt: ...tiff in pro per available for oral argument at the above‐stated time. Appearance will be by ZOOM and Department 53's Zoom ID is 841 204 6267. To appear on Zoom by telephone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. Defendants J. Shaffer and the Board of Parole Hearings' (“Defendants”) Motion for Summary Judgment is unopposed and is GRANTED. Plaintiff, an incarcerated person proceeding i...

Excerpt: ...fall on the sidewalk. Defendant's instant motion seeks summary adjudication of both causes of action in the Complaint. The Complaint alleges that Plaintiff: “tripped and fell while walking on the public sidewalk at or adjacent to 8698 Kiwi Circle, Elk Grove, California due to an unmarked, uneven, discontinuous, and protruding portion of the sidewalk that constituted a dangerous and defective condition on public property (hereafter referred to a...

Excerpt: ...��Plaintiff”) opposes. This action arises from a written agreement in which Sigler agreed to provide heating and air conditioning units for a building project at the Mule Creek State Prison. Plaintiff's pleading alleges the following causes of action: breach of written contract, quantum meruit, misappropriation of funds in violation of Business & Professions Code section 7108.5 et seq., enforcement of stop payment notice, and action on bond. (S...

Excerpt: ... of the Song‐Beverly Consumer Warranty Act (“Song‐Beverly”). Plaintiffs allege that the certified pre‐owned 2012 Dodge Grand Caravan that they purchased contained several defects, including defects in the engine and transmission. Plaintiffs further allege that they delivered the vehicle to an authorized repair facility, but Defendant was unable to conform the vehicle to the applicable warranties and also refused to repurchase the vehicl...

Excerpt: ...y is ruled upon as follows. This is an elder abuse action. Plaintiff Annabelle Smith ("Ms. Smith") was over the age of 65 years old, and was admitted to AHC Sacramento on December 21, 2020 following a surgery to treat an ulcer. (See generally, Compl. (Register of Actions (“ROA”) 1.) Prior to her admission, Ms. Smith was quite healthy for her age and lived independently, although she had type 2 diabetes. Complications arising from her surgery ...

Excerpt: ...t also ordered the parties to submit a joint declaration one week before the hearing date describing their additional meet and confer efforts, which the parties have done. (See ROA 67.) The Court refers to its September 20, 2022 order for additional background on this matter. Based on the joint declaration, the Court is satisfied that the meet and confer efforts satisfy the requirements of the Discovery Act. However, the parties remain at an impa...

Excerpt: ...rected to contact Plaintiff's counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the court's tentative ruling procedure. If Defendant is unable to contact Plaintiff's counsel prior to the hearing, Defendant shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event Plaintiff's cou...

Excerpt: ...s ruled upon as follows. This is a personal injury action arising from Plaintiff's slip‐and‐fall incident on a sidewalk. The incident occurred on October 20, 2016 at 3341 Power Inn Road, Sacramento, CA (hereinafter "Subject Incident"). (Declaration of Heidi Adams (“Adams Decl.”) ¶ 2). On November 13, 2017, Plaintiff filed a complaint for damages alleging causes of action for dangerous condition of public property (Govt. Code §§ 835, et...

Excerpt: ..., on February 11, 2020, this Court entered an order granting YAN's motion for summary judgment and entered judgment in favor of YAN. (ROA 152‐153.) La Posta appealed and the Appellate Court reversed. The Appellate Court found judgment was premature because one of the claims pending in the Tribal Action had not been resolved and YAN had therefore not obtained a final determination. As described in the declaration supporting La Posta's costs, on ...

Excerpt: ... to the hearing, moving counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Joshua Safran's (“Moving Counsel”) motion to withdraw as counsel for Plaintiff Metro Health Systems (“Metro”) is GRANTED as follows. ...

Excerpt: ...or, alternatively, portions thereof, is DENIED. This action (the “Second Action”) is related to a case filed on May 10, 2017, by plaintiffs Baljinder Singh and Ajit Singh against Phanikumar Vadarevu and Sita Vadarevu, husband and wife, case number 34‐ 2017‐00212288 (the “Original Action”). The following procedural history relates to the Original Action. After the Court sustained in part with leave to amend defendants' demurrer, plaint...