Excerpt: ...ant to CCP § 170.1(a)(6)(A)(i) on March 25, 2022. In this action Plaintiff alleges causes of action against Defendants for misappropriation of trade secrets, breach of contract, breach of fiduciary duty, conversion, “larceny,” unfair competition, and tortious interference with contractual relations. The Court must note that the first amended complaint (“FAC”) referred to by the parties does not yet appear in the Court's file, only the or...

Excerpt: ...ion Plaintiff alleges causes of action against Defendant in its first amended complaint (“FAC”) for breach of contract, misappropriation of trade secrets and “larceny” in connection with allegations that Defendant, an engineer formerly employed by Plaintiff, went to work for Alpha Elevator Control, Inc. (“Alpha”) a direct competitor. Plaintiff alleges Defendant downloaded and copied nearly 26,000 files from its computers to his person...

Excerpt: ...se of process; (8) wrongful use of civil proceedings; (9) defamation; (10) false light; (11) intentional infliction of emotional distress; (12) negligent infliction of emotional distress and (13) public disclosure of private facts. Defendant and Plaintiff are parties to a Sacramento Superior Court Family Law matter in Case No. 10FL05692. Defendant's request for judicial is granted but only as to Plaintiff's complaint in this action. The request f...

Excerpt: ...over the judgment or even the existence of a lawsuit until approximately ten years later in September 2021 when she applied for a refinance. (Yohannes Decl. ¶ 1.) She states that the proof of service shows that service occurred at her father's house in Elk Grove but that she never lived there. (Id. ¶¶ 7, 8.) She indicates that she used that address for a criminal protective order that was filed in Santa Clara County. (Id. ¶ 8.) She says that ...

Excerpt: ...n for determination of good faith settlement is ruled upon as follows. The Court, in its discretion, has considered the oppositions filed by Plaintiff and the Settling Cross‐Defendants, which were filed one day late on March 24, 2022. BTA does not argue that it has been prejudiced by the delay, and the Court finds no such prejudice. BTA filed a timely reply to both oppositions. Background The following procedural and factual background is relev...

Excerpt: ...laintiff had an agreement with Franklin whereby Franklin would find new construction business. Plaintiff alleges Franklin held himself out as Plaintiff's agent and represented he had the ability to authorize paying a referral fee on Plaintiff's behalf. According to Plaintiff, Franklin obligated Plaintiff to pay a third party, David Lonich, a 7.5% referral fee. Plaintiff was ultimately sued by Lonich and Lonich was awarded $125,212 in damages from...

Excerpt: ...Third Amended Complaint (“TAC”) is granted. In this action, Plaintiffs seek to recover damages against their daughter Susana Oh's former employer Crossroads, and County and Reiman, arising out of Crossroads' termination of Ms. Oh. Approximately four months after Ms. Oh was terminated based upon a perceived inability to perform essential duties of her work, she committed suicide. Plaintiffs allege Crossroads operated in partnership with the De...

Excerpt: ...'s (“Plaintiff”) motion to compel certain deponents to answer deposition questions is GRANTED as follows. Background This is an employment law case, in which Plaintiff alleges, inter alia, that he has been subjected to discrimination and retaliation by his employer California Department of Corrections and Rehabilitation. In September 2021, Plaintiff's counsel noticed several depositions, including those of Michael Arca, Kashif Ali, Michael Fe...

Excerpt: ...of the fact that Employer's demurrer has been sustained with leave to amend. The Court sustained Employer's demurrer to Plaintiff's original complaint with leave to amend. (ROA 18.) Plaintiff filed a FAC on October 29, 2021. (ROA 20.) Factual Allegations On or about October 2017, Plaintiff was hired to work for Employer and ultimately worked as a Licensed Broker Service Representative. (FAC ¶ 10.) On or about June 2020, Plaintiff had a high‐ri...

Excerpt: ...unsel is unable to contact opposing counsel prior to the hearing, Defendant's counsel shall be available at the hearing, by 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). Defendant's demurrer to Plaintiff Mohammad Reza Safirian's Complaint is SUSTAINED with leave to amend. This action arises out of a commercial lease ag...

Excerpt: ...he litigation coordinator is directed to have Plaintiff Brian Adams available at oral argument on April 6, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Self‐represented Plaintiff Brian Adams' demurrer to Defendants Board of Parole Hearings and Jennifer Shaffer's answer is overruled. In his complaint “for...

Excerpt: ...st, defendant will be referred to as “Porter Trustee.” Porter and Porter Trustee will be referred to collectively herein as “Defendants.” Factual and Procedural Background This action arises out of a dispute between plaintiffs McMillan Storage, LLC (the “LLC”), an Idaho limited liability company, and Marvin Remmich, as Trustee of the 2004 Marvin A. Remmich and Susan P. Remmich Community Property Trust U/D/T Dated September 2, 2004 (�...

Excerpt: ...s to Plaintiff's exhibits 1‐3. Plaintiff's request for judicial notice of Plaintiff's exhibit 4 is objected to by Defendant and denied as the document is not subject to judicial notice for the purpose it is offered. (In re Vicks, 56 Cal. 4th 274, 314.) The Court may not take judicial notice of the truth of the contents of documents. (Ibid.) As a preliminary matter, the Court notes the purpose of the notice of demurrer and demurrer is to advise ...

Excerpt: ...ions, to Hindy's Special Interrogatories, Set One, Nos. 12, 15, 18, 21, 24, 27, 30, 33, 36, 39, and 42 is ruled upon as follows. On February 3, 2021, Defendants filed their Cross‐Complaint. On October 22, 2021, Hindy served Defendants with Set one of their Special Interrogatories, Form Interrogatories, Request for Admissions, Request for Production of Documents, and Declarations in support of additional Special Interrogatories and Requests for ...

Excerpt: ... 2022. Pursuant to Code of Civ. Proc. § 2034.210, et seq., the parties' exchanged expert witness lists on January 10, 2022. (Clark Decl., ¶ 5.) Plaintiff Anthony Morris' (“Plaintiff”) designation included an expert witness, Dr. Rowe, who, according to Plaintiff's counsel's expert witness declaration, would “provide testimony with respect to her professional analysis, treatment, and evaluation of Plaintiff's emotional and psychological inj...

Excerpt: ...tion of the facts regarding when emails and letters were sent or when Trammell's deposition was repeatedly noticed or canceled.” (Opp., at 1.) Plaintiff's recitation is that it original scheduled the deposition of Defendant Trammell for January 22, 2021. (Memo of P's and A's at 5.) However, on January 8, 2021, Trammell served what Plaintiff believed to be incomplete discovery responses which caused Plaintiff to reschedule Trammell's deposition ...

Excerpt: ...lation of various Labor Codes, including failure to provide rest and meal breaks, unpaid wages, and failure to provide accurate wage statements (Labor Code §226.) The complaint asserts a single PAGA cause of action. Defendants move to strike the following allegations regarding wage statements (“Wage Statement Allegations”): ∙ “Page 7, lines 21‐24: Wage Statements. Additionally, Defendants failed to provide wage statements in compliance...

Excerpt: ...opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendants SFC Marketplace, Inc. dba Seafood City and Young's Marketplace, Inc. dba Seafood City (“Defendants”) motion to compel arbitration is GRANTED as follows. Preliminary Matter The Court notes that this motion has been...

Excerpt: ...ant to Evid. Code § 452(d). Plaintiff's request for judicial notice of a joint stipulation regarding the employment status of Defendant Whingming Lee, D.D.S. that was filed in this action is granted pursuant to Evid. Code § 452(d). Objections Plaintiff did not file any written objections to Defendants' evidence. The Court declines to rule on Defendants' objections as they were not material to the disposition of the motion. (CCP § 437c(q).) Ove...

Excerpt: ... the manner to request a hearing. If moving counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appear at the hearing. FACTS: Plaintiff's Amended Complaint (“FAC”) asserts causes of action for (1) failure to compensate for productive time, nonproductive time, and rest and recovery periods, (2) failure to pay full wages when due, (3) violations of California record keeping provisions, (4) failure to provide me...

Excerpt: ...ng judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiffs' request for judicial notice is denied as the matter was not material to th...

Excerpt: ...ce will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐ free) and enter 841 204 6267#. Appearance is required. Self‐represented Plaintiff Brian Adams' demurrer to Defendants Board of Parole Hearings and Jennifer Shaffer's answer is overruled. In his complaint “for injunction (Violation Regarding Public Records Act)” Plaintiff alleges a cause of action for “...

Excerpt: ...itt (“Plaintiff”), First Amended Complaint (“1AC”) is ruled upon as follows. Defendants have indicated the incorrect address in their notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Request for Judicial Notice Defendants' request for judicial notice (“RJN”) of the PERSCare Evidence of Coverage...

Excerpt: ...Rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's notice of motion again 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 the correct department for the hearing of this motion, the correct address for Dept. 53/54, Local Rule 1.06 and the Court's tentative ruling procedure and the manner...

Excerpt: ...ed at the hearing. The parties 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: ...ent, failure to engage in the interactive process, failure to provide reasonable accommodation, failure to prevent discrimination, harassment and retaliation, retaliation in violation of Labor Code § 1102.5, and violation of Labor Code § 1198.5. Plaintiff filed another action against CDCR in February 2020 which alleges additional FEHA claims and other tort claims. The two actions were consolidated in January 2021. Plaintiff's claims arise from ...

Excerpt: ...ion for leave to file a late claim against Respondents County of Sacramento and the County Board of Supervisors pursuant to Government Code § 911.6 based upon mistake, inadvertence, surprise or excusable neglect. The claim arose from an incident on November 17, 2019 in which she alleges that while serving as a probation officer she was sexually harassed and assaulted by a fellow County employee. The application to file a late claim was denied. T...

Excerpt: ...(1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) In this action, Plaintiffs seek to recover damages against their daughter Susana Oh's former employer Defendant Crossroads Diversified Services, Inc. Approximately four months after Susanna Oh was terminated based upon a perceived inability to perform e...

Excerpt: ...et for hearing in December 2021 but was continued to this date by the Court, which now rules 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 that 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...

Excerpt: ...uest for judicial notice of Plaintiffs' Complaint filed on May 10, 2017, the Court's multiple rulings on Defendants' demurrers, and the State of California Secretary of State records for Marcus Underwood, P.C. is granted. Factual and Procedural Background Plaintiffs commenced this action on May 10, 2017. The original Complaint contained causes of action for: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealer;...

Excerpt: ...Sacramento, et al., Sacramento Superior Court Case No. 2017‐00206890, is granted. Objections to Evidence Plaintiff's objections to evidence are overruled. Defendants' object to Plaintiff's attachment of Exhibits 3, 6, and 7 to the opposition on the grounds the documents were part of a privileged investigation conducted by an outside attorney and are protected by the attorney client privilege and attorney work product doctrine. Defendants furthe...

Excerpt: ...a of Northern California and Northern Nevada's (“Defendant”) motion to dismiss this action based on failure to prosecute within five years is GRANTED. Plaintiff in pro per Raymond M. Douglas (“Plaintiff”) filed this action on July 15, 2016. Defendant filed an Answer on October 20, 2016. (ROA 28.) Plaintiff filed the First Amended Complaint on August 2, 2016, and the Second Amended Complaint (“SAC”) on September 10, 2021. (ROAs 7, 52.)...

Excerpt: ... of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact defendants 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 defendants prior to hearing, moving counsel is ordered to appear at the hearing. This is a personal injury action arising out of an accident between two trucks. Mulligan, whi...

Excerpt: ...ember 16, 2021, Plaintiff served objections asserting, among other objections, that she needs to reschedule her deposition, will only appear via video due to her concerns regarding Covid, and that she fears for her safety if she appears in person and Defendant is also present. (Couchot Decl. ¶ 5, Exh. D.) Counsel for the parties then exchanged emails to address Plaintiff's objections. Defendant's counsel addressed Plaintiff's Covid concerns by s...

Excerpt: ...of the motion, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not render a final ruling u...

Excerpt: ...ed at 1402 O Street, Unit A (the “Unit”) from Defendant. Plaintiffs filed their Complaint on September 9, 2021, alleging the following 13 causes of action against Defendant: (1) Tortious Breach of the Implied Warranty of Habitability (Civil Code § 1941 et seq.); (2) Contractual Breach of the Implied Warranty of Habitability (Civil Code § 1941 et seq.); (3) Breach of Contract (Civil Code § 3300 et seq.); (4) Breach of Quiet Enjoyment (Civil...

Excerpt: ...contact Plaintiff prior to the hearing, Defendant's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Defendant's motion for summary judgment is UNOPPOSED and GRANTED. Defendant's request for judicial notice is granted. This is a premises liability action arising from an incident that...

Excerpt: ...icipal code and enacting anew title 8 regarding animals.” The relevant sections of the Elk Grove Municipal Code (“EGMC”) were amended after this ordinance was enacted. (See City of Elk Grove Ord. 4‐2013 § 2, eff. 4/12/2013.) The Court, on its own motion, takes judicial notice of the sections of the Elk Grove Municipal Code cited in this ruling that were in effect at the time of the subject incident. (See Pinela v. Neiman Marcus Group, In...

Excerpt: ...y objections, to Defendant's (1) Special Interrogatories (Set One); and (2) Request for Production of Documents to Plaintiff (Set One), which this Court, on January 31, 2020, ordered Plaintiff to produce. Plaintiff further moves this Court for an order requiring Plaintiff and his attorney to pay monetary sanctions to Defendant in the amount of $29,910.00 under CCP § 2023.010 et seq. Defendant's motion is brought on the grounds that Plaintiff has...

Excerpt: ..., Sacramento, California 95814. Defendant FCA shall notify Plaintiff Charles Matthews (“Plaintiff”) immediately. 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 Plaintiff's counsel 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 plai...

Excerpt: ...s, Inc. (“Defendant MKS”), and Newport Corporation (“Defendant Newport”) as defendants, and alleged seven causes of action: (1) Breach of Written Master Services Agreement (2) Breach of Implied Covenant of Good Faith and Fair Dealing (MSA) (3) Promissory Estoppel (4) Breach of Implied in Fact Contract (5) Breach of Third‐ Party Beneficiary Contract (6) Breach of Implied Covenant of Good Faith and Fair Dealing (7) Breach of Fiduciary Dut...

Excerpt: ...udgment. (ROA 1.) The judgment required Harrison to (1) cease and desist from harassment and discrimination in employment on the basis of sex, (2) pay real party in interest Linda Marie Boncore (“Boncore”) back pay plus interest in the amount of $8,778.35 and damages plus interest in the amount of $43,046.75, and (3) pay the State's General Fund an administrative fine plus interest in the amount of $14,348.95. (ROA 1.) On February 3, 2011, DF...

Excerpt: ...ing on Scripps' motion here. As noted, BTM produced Windy City Rehab “(WCR”) for Scripps, including Season Two during which the alleged defamatory statements were aired. Like Scripps, BTM moves to strike all of the claims in the complaint pursuant to CCP § 425.16 on the basis that they all arise from protected activity. As with Scripps' motion, BTM's motion must be granted. The Court's review of an anti‐SLAPP motion involves a two‐prong ...

Excerpt: ...tion with Defendants and obtained employment with First American but he was terminated after Defendants contacted First American and lied about him. In his second amended complaint he alleges causes of action for: (1) Breach of Contract, (2) Defamation, (3) Tortious Interference with Business Relationship, (4) Intentional Interference with Prospective Economic Relations, (5) Negligent Interference with Prospective Economic Relations, and (6) Negl...

Excerpt: ... *** Defendants and Cross‐Complainants Christine Evans and Richard Evans (collectively the “Evans”) motion to compel Plaintiff and Cross‐ Defendant Aspen G LLC's (“Aspen”) further responses to special interrogatories (set two) is ruled upon as follows. Aspen's action against the Evans is for breach of contract and common counts ‐ money owed. Aspen alleges that on 8/31/2005, the Evans obtained a loan for $120,000 with First Franklin ...

Excerpt: ... 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. *** Defendant CSAA Insurance Exchange's (“CSAA” or “Defendant”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an insurance bad faith action. Plaintiff Kelly Alexander alleges that she is severely hea...

Excerpt: ...PAGA”). Defendant is a non‐ profit corporation facilitating foster parenting and adoptions. Plaintiff was a youth counselor with Defendant. Plaintiff propounded requests for production which included requests 1 and 5 which asked Defendant to produce all documents reflecting the time worked by class members and all documents reflecting money paid to class members. The proposed class is defined as “all persons who worked for any Defendant in ...

Excerpt: ...tter Crossing, LLC and FPI Management, Inc.'s (collectively “ Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is an action by a tenant and her family against their residential landlord and apartment manager. Plaintiffs allege that during their occupancy the property was defective in repair and maintenance, in that, among other things: the building permitted intrusion of water into its interior; the prope...

Excerpt: ...omplaint on May 17, 2021. Plaintiff alleges that “as a result of Defendant's ongoing policy and/or practice of failing to provide cash to consumers wishing to redeem a gift card with a cash value less than $10.00, or alternatively, Defendant's failure to maintain a policy and/or practice of complying with Civil Code section 1749.5(b)(2), Defendant has violated and will continue to violate consumers' statutory rights pursuant to Civil Code secti...

Excerpt: ... 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; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Quelimane Co. v. Stew...

Excerpt: ...ion arises from allegations that Defendant David Elliot (“Elliot”) sexually harassed Plaintiff at the Sacramento Wellness Center‐South facility. (SAC, ¶¶ 34‐45.) CSHC is a non‐ profit organization that offers clinical, social and wellness services to Sacramento County residents at the Sacramento Wellness Center. (SAC, ¶ 6.) Defendant Sacramento Steps Forward (“SSF”) is another non‐profit organization that seeks to end homelessn...

Excerpt: ...in part with leave to amend as to the fifth cause of action for conversion. Requests for Judicial Notice The Law Firm Defendants' request for judicial notice is granted. Plaintiffs' request for judicial notice is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of finding...

Excerpt: ... ("Samantha"), Elizabeth Osborn ("Elizabeth"), and Lucy Stem Guevara's ("Lucy")' (collectively, the "Osborn Plaintiffs") SAC is ruled on as follows. Hyundai Defendants' Request for Judicial Notice is GRANTED. Osborn Plaintiffs' Request for Judicial Notice in support of its opposition is GRANTED. In taking judicial notice of these documents, however, the court does not accept the truth of the factual assertions therein. (Herrera v. Deutsche Bank N...

Excerpt: ...Defendants Castle Oaks Gold Management, LLC and Billy Casper Golf, LLC (collectively “Defendants”). Plaintiff commenced this action by filing a complaint on behalf of herself and other non‐exempt employees of Defendants. The operative pleading is the second amended complaint, which asserts seven causes of action for failure to minimum wages and overtime compensation, failure to provide meal and rest breaks, failure to pay final wages timely...

Excerpt: ... arising from the right to operate and control a cannabis dispensary operated by Metro. Baystone and Galletta entered into an Continuity Agreement in which Baystone agreed to pay $800,000 in exchange for a presence on Metro's Board that would provide control of Metro to Baystone. The agreement provided that Baystone would take over the day‐to‐day operations. At some time after Baystone completed the payments due under the agreement, Galletta ...

Excerpt: ...mbert”) on March 8, 2022. Although the declaration was filed after the deadline for an opposition, the Court finds Mr. Lambert received late notice of the pending motion and that issues of notice regarding the motion itself warrant consideration of this declaration. Defendant also filed a late letter opposition on March 8, 2022. However, there is no proof of service of Defendant's letter and the correspondence does not satisfy the requirements ...

Excerpt: ...Sacramento, California 95814. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Defendant is directed to contact Plaintiff's counsel and advise him or her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If Defendant is unable to contact plaintiff prior to hearing, Defendant is ordered to appear at the hearing. This products liabil...

Excerpt: ...ndant”) in the amount of $9,921.05 arising from allegations that Defendant caused a car collision. The parties entered a written Stipulation for Entry of Judgment in June 2021. Defendant and Plaintiff agreed to a settlement of $9,921.05 to be made in monthly payments of $50 beginning July 1, 2021 and continuing thereafter pursuant to the written terms of the agreement, by Defendant to Plaintiff. The agreement provides that the Court retained ju...

Excerpt: ...gations arise out of a boating accident wherein Plaintiffs were hit by a boat operated by a defendant/employee of the State of California Department of Fish and Wildlife. (ROA 1.) Plaintiffs seek leave to amend the complaint by filing a First Amended Complaint (“FAC”) that does the following: (1) adds allegations in the first cause of action for negligence related to the Federal Inland Navigational Rules of the United States and (2) alleges t...

Excerpt: ...is not considered by this Court. Defendant's reply arguments are considered herein. Facts This personal injury matter arises from a car accident that occurred on May 15, 2019. Plaintiff filed the instant complaint on April 9, 2021 alleging general negligence. Defendant brings the instant motion pursuant to Code of Civil Procedure section 664.6 on the basis that Plaintiff erroneously signed an email correspondence with Plaintiff's insurance adjust...

Excerpt: ...unable to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendant Ludmila Maliucov's motion to compel further responses from Plaintiff Jose Aranda‐ Valencia to Requests for Production of Document, Set One and Request for Monetary Sanctions is GRANTED I...

Excerpt: ...sel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendant Uber Technologies, Inc.'s (“Uber”) motion for summary judgment as to Plaintiff Cody Jacob Owens' (“Plaintiff”) Complaint is UNOPPOSED and GRANTED as follows. Legal Standard In evaluating a motion for su...

Excerpt: ...gate was formed in 1964 as a limited equity low‐income co‐operative housing project. Plaintiff Southgate filed its Complaint on January 18, 2022, and named the State of California Department of Housing and Community Development (“Defendant HCD”) as the sole defendant. On December 22, 1992, Plaintiff Southgate borrowed the sum of $2,197,725.00 from Defendant HCD pursuant to a Rehabilitation Loan Agreement for the “rehabilitation of the R...

Excerpt: ...racts related to projects owned by Pacific Gas & Electric (“PG&E”). The first contract at issue is a written contract for a PG&E project in Chico, California (the “Chico Project.”) Plaintiff and Defendant entered into the subcontract agreement for the Chico Project on or about July 20, 2018. (Simson Decl. Ex. A.) Plaintiff avers that it fully performed the terms of the Chico Project contract. (Simson Decl. ¶ 7.) However, Defendant failed...

Excerpt: ...oint to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Ocwen Loan Servicing LLC; Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2004‐3, Asset‐Backed Certificates, Series 2004‐3; and PHH Mortgage Corporation's (collectively "Defendants") motion for summary judgment, or in the alternative, summary adjudication is ruled upon as ...

Excerpt: ...The Court observes that although Plaintiffs filed an opposition, there is no valid proof of service of the opposition. The Court also notes that Defendant's memorandum of points and authorities approximately 16 pages long. The Court declines Plaintiff's request to “ignore” the demurrer due to being slightly over the 15 page limit. Defendants' request for judicial notice is granted. In taking judicial notice of these documents, the court accep...

Excerpt: ... Rule 3.769). The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited th...

Excerpt: ...rict: (1) harassment ‐ race/religious creed under the Fair Employment and Housing Act (“FEHA”); (2) employment discrimination ‐ race/religious creed under FEHA; (3) retaliation under FEHA; (4) failure to prevent race/religious creed under FEHA; (5) failure to provide accommodation under FEHA; (6) failure to engage in the interactive process under FEHA; and (7) invasion of privacy. Defendant does not challenge Plaintiff's fifth or sixth ca...

Excerpt: ... Lathum (collectively “Plaintiffs”). Defendant moves to compel Plaintiffs' individual claims only and to stay the action pending arbitration. I. Legal Standard “Under both federal and state law, the threshold question presented by a petition to compel arbitration is whether there is an agreement to arbitrate.” (Sparks v. Vista Del Mar Child and Family Svcs. (2012) 207 Cal.App.4th 1511, 1517.) “Absent a clear agreement to submit disputes...

Excerpt: ...2015, Plaintiffs were disqualified from further representing Ms. Hill in the Hill Action. On or about June 2, 2015, Hill engaged Defendant Port Parker (“Parker”) to take over representing Hill in the Hill Action. Moving Defendants represented the malpractice defendants in the Hill Action. On October 14, 2015, Plaintiffs filed a “Notice of Lien” in the Hill Action. Plaintiffs served the Notice of Lien on Moving Defendants. On or about Augu...

Excerpt: ...nt to Business & Professions Code § 17200. Plaintiff is the president and founder of Greymark Development Group, LLC (“Greymark”) a real estate development, design and general construction firm specializing in the luxury market based in Chicago. (Comp. ¶ 7.) He also founded BE Custom Designs, LLC (“BE Custom”) which provides construction contracting services. (Id. ¶ 8.) Plaintiff alleges Alison Gramenos is an executive producer of the ...

Excerpt: ... the Kriplanis leased a commercial building to Cross‐Complainant pursuant to a written lease agreement (the "Lease"). On June 9, 2021, the Kriplanis filed a Complaint in which they alleged that CrossComplainant breached the Lease by failing to pay rent, and also breached the implied covenant of good faith and fair dealing by collecting a commission while acting as his own broker, despite his failure to pay rent under the terms of the Lease. On ...

Excerpt: ...occurred in the Spring of 2020 when plaintiff Leslie White (“Leslie”) was suspected to have suffered a heart attack. Generally, Plaintiffs contend Dignity failed to promptly diagnose and treat Leslie and failed to provide Laurie, his wife, with meaningful updates about his condition and treatment. The claim they were forced to wait for hours before any treatment or information was provided. Plaintiffs filed their First Amended Complaint (“1...

Excerpt: ...of the State of California, County of Sacramento (the "Spears Action"). Plaintiff Spears asserted the following claims against Defendant: (1) unfair competition in violation of Cal. Bus & Prof. Code §§ 17200, et seq.; (2) failure to pay overtime wages in violation of Cal. Labor Code § 510; (3) failure to provide accurate itemized wage statements in violation of California Labor Code § 226; and, (4) failure to provide wages at termination in v...

Excerpt: ...liation. On June 24, 2020, Plaintiff filed a Request for Dismissal of her second cause of action. Notice of Entry of Dismissal was filed on July 16, 2020. (ROAs 19, 20.) The City now moves for summary judgment on Plaintiff's sole remaining cause of action for FEHA age discrimination on the ground that the City had a legitimate, nondiscriminatory reason for the termination of Plaintiff's employment ‐ that she was not performing to the satisfacti...

Excerpt: ... premises. (See generally, Compl.) Defendant's instant motion seeks summary judgment of both causes of action in the Complaint. The Complaint alleges that “[w]hile Plaintiff was walking from the interior of the hotel to the exterior parking lot where her vehicle was parked, Plaintiff encountered the subject curb that had gouges and depressions that were painted over in yellow, thus camouflaging the defect in the curb. Plaintiff did not realize ...

Excerpt: ...tiff alleges causes of action for Dependent Adult Abuse, Negligence Per Se, Unfair Business Practices, Fraud, and Constructive Fraud. Plaintiff alleges that he was neglected while at Defendants' Adult Residential Facility. Plaintiff alleges that he is a 38 year old developmentally and physically disabled adult. (Comp. ¶ 2.) He alleges that he suffers from Cornelia de Lange Syndrome, a genetic disorder which causes a broad range of challenges. He...

Excerpt: ...ows. This action stems from an incident on June 19, 2018, at EJ's Tires and Auto Repair. ("EJ"). Plaintiff was an auto mechanic employed by EJ. Defendant Ion Sirbu was employed by defendant TWT Express, LLC, and had brought a pick‐up truck with a trailer attached to EJ's to have the vehicle serviced. Defendant Sirbu claims that he was instructed to move the vehicle by employee(s) of EJ's while at the same time and unbeknownst to him, Plaintiff ...

Excerpt: ... Defendant's request for judicial notice is granted as to Exhibit 1, Plaintiff's Complaint filed in this action. Defendants' request for judicial notice as to the remaining exhibits, Exhibits 2, 3, and 4 is denied as the documents obtained from Yelp are not the proper subject of judicial notice. As noted in Jolley v. Chase Home Finance, LLC (2013) 2013 Cal.App.4th 772, "we know of no 'official Web site' provision for judicial notice in California...

Excerpt: ...erative pleadings, the Kriplanis leased a commercial building to Cross‐Complainant pursuant to a written lease agreement (the "Lease"). On June 9, 2021, the Kriplanis filed a Complaint in which they alleged that CrossComplainant breached the Lease by failing to pay rent, and also breached the implied covenant of good faith and fair dealing by collecting a commission while acting as his own broker, despite his failure to pay rent under the terms...

Excerpt: ...association, breach of fiduciary duty, and breach of contract against Defendants. Defendant Ioannis Taliadoros's Cross‐ Complaint asserts causes of action for disassociation, breach of fiduciary duty, accounting, breach of contract, violation of the covenant of good faith and fair dealing, and fraud. According to the moving papers, Plaintiff's Subpoena for Production of Documents to Crickett Nicole Weaver (1) improperly seeks documents protecte...

Excerpt: ...endant Hill Physicians Medical Group's Opposition to Plaintiff's Motion for Preferential Trial Setting; Declarations of Eduard Uchio, M.D. and Elise D. Klein (ROA 53); (2) the “Declaration of Elise Klein in Opposition to Plaintiff's Motion for Preferential Trial Setting” (ROA 54); (3) the “Declaration of Edward Uchio, M.D. in Support of Defendant's Opposition to Plaintiff's Motion for Preferential Trial Setting” (ROA 55); (4) the “Oppos...

Excerpt: ...nt to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Cross‐Defendant RMA Group's (“RMA”) motion for summary judgment against Defendant and Cross‐ Complainant Flatiron West, Inc.'s (“FWI”) cross‐complaint is ruled upon as follows. I. Overview This is a personal injury action arising from a construction‐site accident involving Plaintiff, Dean Robbins (“Plaintiff...

Excerpt: ...an earlier conditional review by the court; and (2) a later detailed review after the period during which notice is distributed to class members for their comments or objections. (Conte & Newberg, Newberg on Class Actions (Newberg) § 11.24 (4th Ed. 2002).) This procedure, which is commonly utilized by both federal and state courts, assures class members of the protection of procedural due process safeguards and enables a court to fulfill its rol...

Excerpt: ...ims for (1) rest period violations; (2) meal period violations; (3) failing to pay all earned wages; (4) wage statement violations; and (5) failing to reimburse business‐related expenses. Plaintiff also brings claims pursuant to the Private Attorneys General Act ("PAGA"). In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. (Dunk v. Ford ...

Excerpt: ... The Cross‐Complaint contains two causes of action. The motion was directed only at the second cause of action and was granted in full. On December 7, 2021, CrossComplainant filed a notice of appeal of the Court's anti‐SLAPP ruling. (ROA 26.) Cross ‐Defendants now seek $4,280 in attorney's fees and $120 in costs for bringing the antiSLAPP motion and the instant motion, a total of $4,400. Cross‐Complainant Sourdough & Co., Inc. f/k/a SFSE ...

Excerpt: ...). The demurrer is OVERRULED IN PART and SUSTAINED IN PART as follows. JUDICIAL NOTICE Defendants' Request for Judicial Notice is ruled on as follow: 1) Proclamation of State of Emergency issued on November 8, 2018, and Executive Order B‐57‐18: GRANTED (Evid. Code, § 452(c)), but the Court's notice is limited to the existence of the documents, not the truth of the matters stated therein or that might be deduced therefrom. 2) CalRecycle's Inv...

Excerpt: ...so 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 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...

Excerpt: ...mbert Davis' first amended complaint (“FAC”) pursuant to CCP § 425.16. (ROA 60) The FAC alleged causes of action for defamation, invasion of privacy, interference with prospective business and violations of the Unruh Civil Rights Act (Civil Code § 51). The Court concluded that the entire FAC was premised on protected conduct, specifically Defendants' conduct in warning visiting teams that Plaintiff might be getting free tickets from visitin...

Excerpt: ...at pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background In March 2019 plaintiff commenced this action for breach of contract and breach of guaranty against defendants Abdul Esmail and Archcon Development & Construction Group, Inc. (“ADC”), both of whom thereafter jointly filed a cross‐complaint against plaintiff an...

Excerpt: ...on was commenced when Plaintiff Anne Marie Schubert and numerous other District Attorneys (“DA Plaintiffs”) filed a verified complaint for declaratory and injunctive relief. They alleged the CDCR failed to comply with the Administrative Procedure Act (APA) (Gov. Code, §11340 et seq.) when it enacted regulations on an emergency basis which increased the rate at which certain prisoners earned good conduct credit (“Regulations”). The DA Pla...

Excerpt: ...intiff named the LLC and the various members, of which Defendant is one. According to Defendant, Plaintiff resigned as manager of the LLC on April 15, 2021. Since that time, the manager position has been vacant and the parties have not been able to agree on a manager. Defendant now seeks an order appointing him as manager so that the LLC can effectively wind up the business. Defendant also indicates that a manager is needed so that the LLC can ti...

Excerpt: ... he voluntarily left to take a different position. (FAC ¶ 5.) He alleges that after he left public employment, he suffered adverse employment action due to “errors and omissions” by Defendant. Specifically, he alleges that Defendant's official records listed Plaintiff as “terminated.” (Id. ¶ 7.) Plaintiff alleges that he learned about the notation in his record in October 2017. He alleges he requested that Defendant correct his records ...

Excerpt: ... quadriplegic resident of Defendants' care facility, Dean Higgs, and alleged emotional distress injuries to his friend, Aguilar. This action was initiated on 11/10/15 (Register of Actions (“ROA”) 1) and was granted preference on 3/15/16 (ROA 28). The case proceeded to trial before this Court (Judge Richard K. Sueyoshi) in March of 2020. The trial is currently in recess. This case remains in between the completed bench trial phase and the rema...

Excerpt: ...ndisputed Material Facts, which of plaintiff's own 323 Additional Material Facts, and/or which of the parties' objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant's counsel failed to comply with CRC Rule 3.1350(b), requiring that issues presented for summary adjud...

Excerpt: ...dvise counsel 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 Plaintiff's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background On December 7, 2021, Plaintiff filed a Complaint against Defendant using the Judicial Council Form Complaint. (ROA 1.) Plaintiff's Complaint alleges that Defendant lost two...

Excerpt: ...ounds he is currently under investigation by the Roseville Police Department for the alleged sexual assault and will be unable to defend himself in this action while the investigation is pending because he is asserting the Fifth Amendment Privilege against self‐incrimination. On January 13, 2021, Defendant received three telephone calls from someone claiming to be a former patient. (Plesser Decl., Exh. C to Scharg Decl., ¶ 4.) On January 18, 2...

Excerpt: ...torney General Act of 2004, Labor Code § 2699, et seq. (“PAGA”). Plaintiff seeks to recover penalties on behalf of the following categories of aggrieved employees: (1) non‐exempt, hourly employees who were not paid final wages within 72 hours following their termination, (2) employees who were subject to salary deductions for alleged overpayments in July 28, 2020, (3) hourly, non‐exempt employees who were not provided copies of their per...

Excerpt: ...ovide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify the responding party immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact the responding party prior to hearing, moving counsel is ordered to appear at the hearing. Plaintiff Staci Goodson (“Plaintiff”) filed the Complaint on August 6, 2021. Defendant is a ...

Excerpt: ...ainst Defendants on July 6, 2021. (ROA 20.) According to the FAC, Plaintiff is a former employee of Defendant California State Lottery Commission (“Commission”) who was forced to retire on December 29, 2018 due to her supervisor, Defendant Ernesto Medina, taking inappropriate and sexually motivated photos of her. (FAC, 9.) Plaintiff alleges that Medina took photos of Plaintiff numerous times and sent them to two colleagues via text message. (...