Excerpt: ...strict Support Facility Project (“Project”) owned by Plaintiff. (See ROA 90.) On May 7, 2020, Plaintiff filed a Complaint against Diede Construction, Inc. (“Diede”), the general contractor for the Project, and Travelers Casualty and Surety Company of America (“Travelers”). (ROA 98.) The Complaint alleges that the District and Diede entered into a contract whereby Diede agreed to build the Project but Diede breached the contract in num...

Excerpt: ...collectively, “Defendants”) is UNOPPOSED and GRANTED. On February 26, 2019, plaintiff Tyler Crum (“Crum”) filed a Class Action Complaint against S&D in Sacramento County Superior Court alleging claims for failure to pay overtime, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to provide wages when due, unfair competition, and violation of PAGA (the “Crum Action”). On November 13...

Excerpt: ...ately of the tentative ruling system and to be available at the hearing, via Zoom audio or video, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff filed its Complaint against Defendants VF Staffing, LLC, Accuire, LLC, and Michael DiManno (“VF Staffing,” “Accuire,” and “DiManno,” respectively; “Defendants,” collectively) on June 15, 2021. (ROA 1.) According to Plaintiff's Co...

Excerpt: ...mplaint against CSS for preliminary and permanent injunction, breach of contract, and to abate a nuisance. (ROA 1.) Later that same month, CSS filed a Cross‐Complaint against Landlord for breach of contract, breach of implied covenant, breach of covenant of quiet enjoyment, and declaratory relief. (ROA 31.) Both the Complaint and Cross‐Complaint concern a Net Lease Agreement (“Lease”) between Landlord and CSS for space (“the Premises”...

Excerpt: ... The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants' counsel is ordered to notify responding party immediately of the tentative ruling system and the manner to request a hearing. If Defendants' counsel is unable to contact responding party prior to hearing, moving counsel is ordered to appear at the hearing. This action arises out of an alleged business venture relatin...

Excerpt: ...against defendant Hunter William Graham (“Defendant”). Plaintiff sets forth the following nine material facts in its separate statement for both causes of action. Defendant applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 5620 (the "Account"). (UMFs 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember ...

Excerpt: ...rate statement does not comply with CRC 3.1350(d) on the basis that Cal Fire incorporated UMFs from the first issue into later issues. Overview Plaintiff Anthony Morris (“Plaintiff”) was employed by Cal Fire as a Fire Apparatus Engineer until his involuntary separation based on Cal Fire's determination that Plaintiff was AWOL. Over the course of Plaintiff's career with Cal Fire, Plaintiff suffered numerous disabilities and injuries that requi...

Excerpt: ...position from the Court's website on February 23, 2022, and timely filed a reply brief on February 25, 2022. Defendants do not argue that they have been prejudiced by the delay in their obtaining a copy of Plaintiff's opposition, and the Court finds no such prejudice. Factual and Procedural Background This is a personal injury action arising out of a motor vehicle accident that occurred on April 10, 2015. Plaintiff Joseph Alega (“Plaintiff”) ...

Excerpt: ...(unpaid meal period premiums), (3) violation of Labor Code § 226.7 (unpaid rest period premiums), (4) violation of Labor Code §§ 1194 and 1197 (unpaid minimum wages), (5) violation of Labor Code §§ 201 and 202 (final wages not timely paid), (6) violation of Labor Code §§ 226(a) and 1174(d) (non‐compliant wages statements/records), (7) violation of Labor Code §§ 2800 and 2802 (unreimbursed business expenses), (8) violation of Labor Code...

Excerpt: ...ng and conferring, Plaintiff agreed to amend the complaint. However, no amended complaint has been filed. As a result, the Court will rule on the demurrer. Plaintiff is the sole surviving child of Curtis Mackey (the “Decedent”). Defendant is the Trustee of the Curtis Mackey, Jr. Trust (“Trust”) and the Decedent's wife. Plaintiff alleges causes of action against Defendant for 1) Breach of Trust; 2) Contest Validity of Trust; 3) Financial a...

Excerpt: ...ing, 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). Plaintiff Andre Watson aka Andre Ramon Watson's (“Plaintiff”) demurrer to Defendant Andrea Watson aka Andra Watson's (“Defendant”) Answer is UNOPPOSED and SUSTAINED with leave to amend as follows. Overview This is a partition action. Plaintiff alle...

Excerpt: ...e is UNOPPOSED and GRANTED as follows. In this employment action, Plaintiff alleges he was discriminated and retaliated against due to, inter alia, a physical disability respiratory condition, physical disability chronic condition, physical impairment respiratory conduction, physical impairment chronic condition, compromised immune system, multiple chemical sensitive syndrome, reactive airway disease, mental or psychological condition/disorder an...

Excerpt: ...ul eviction, trespass, fraud, and cancellation of instruments against numerous defendants. Plaintiff alleges he is the owner to real property at 2919 Aquino Drive in Sacramento which he inherited from his father. He also alleged that Santana is the current title holder. (TAC ¶ 15.) He alleges that in November 2019, he executed a deed of trust on the subject property in exchange for a $51,000 loan. (Id. ¶¶ 17‐18) The loan included a December ...

Excerpt: ...aims Unit re: Jeff Baoliang Zhang is DENIED. Ms. Gedjeyan's declaration states there is no record of any claim filed with, or presented to, the Government Claims Program by Plaintiff for any date range. Defendant argues the Court may take judicial notice of this declaration because it is a record of an administrative agency and an “official act of the legislative, executive, or judicial departments” of the State of California. (Evid. Cod § 4...

Excerpt: ...y Tradition, Inc., (“VFT”) Defendant's insured in Los Angeles Superior Court. In the underlying action Plaintiffs alleged that VFT and others caused physical damage to their residence. Plaintiffs allege that the judgment obtained against VFT on July 9, 2020, became final on January 5, 2021. In the first cause of action Plaintiffs allege that Defendant's policy issued to VFT covers the judgment in the underlying action. In the second cause of ...

Excerpt: ...aintiffs”) allege was executed between Plaintiffs and Defendants to manage Plaintiffs' investments. Plaintiffs filed their Complaint on August 24, 2021, alleging causes of action for: (1) professional negligence, (2) breach of fiduciary duty, (3) fraud, and (4) breach of contract. Defendants move to compel arbitration and stay this action pursuant to the arbitration provision of the investment contract. Plaintiffs filed a notice of non‐ oppos...

Excerpt: ...nc. for violation of the California Franchise Investment Law, violation of the Cartwright Act, unfair business practices, fraud, breach of covenant of good faith and fair dealing accounting, and declaratory relief. (Complaint, ¶¶ 45‐ 96.) On August 12, 2021, Sourdough Inc. filed a CrossComplaint against Sourdough LLC, alleging two causes of action: (1) breach of contract and (2) fraud and deceit. (ROA 13; Cross‐Complaint, ¶¶ 8‐18.) On N...

Excerpt: ...ns. Multiple exhibits are attached to the FAC bringing it to a total of 102 pages. The FAC was styled as a putative class action but the class allegations were dismissed on January 21, 2022. (ROA 77) The FAC alleges seven causes of action for breach of contract, fraud, negligent misrepresentation, cancellation of instrument, violation of the Consumer Legal Remedies Act, violation of the Unfair Competition Law and for declaratory relief. Plaintiff...

Excerpt: ...ver Town Centre. Plaintiffs allege that on March 7, 2018, Defendant used the Rancho Cordova Police Department to serve a “Notice of Trespass‐Official Notice” while they were eating dinner at a restaurant at the shopping center. They allege the police took them out of the restaurant, questioned them and made them leave. They allege that they later discovered the police were told that there had been incidents of loitering, smoking, stalking, ...

Excerpt: ... is denied. Ms. Gedjeyan's declaration states there is no record of any claim filed with, or presented to, the Government Claims Program by Plaintiff for any date range. CDCR argues the Court may take judicial notice of this declaration because it is a record of an administrative agency and an “official act of the legislative, executive, or judicial departments” of the State of California. (Evid. Cod § 452(c). The Court does not perceive tha...

Excerpt: ... filed this action on December 29, 2020. On March 16, 2021, Plaintiff filed a First Amended Complaint that alleges claims for (1) failure to pay all overtime wages, (2) meal period violations, (3) rest period violations, (4) waiting time penalties, (5) wage statement violations, (6) unfair competition, and (7) PAGA penalties. The Settlement Class is defined as “All current and former non‐exempt non‐union employees employed by Syblon Reid co...

Excerpt: ...Third Amended Complaint (“3AC”) defined the class as: “All California residents insured under a Stillwater dwelling policy who made claims for damage to real property resulting from a covered peril, and whose claims were open on or after December 6, 2016, as to which Stillwater paid at least $1 in policy benefits, and whose actual cash value indemnity payment for repairs to the structure was decreased as a result of depreciation of one or m...

Excerpt: ...ff filed the Class Action Complaint on February 26, 2021, alleging claims against Defendants for unfair competition, failure to pay minimum wages, failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to reimburse business expenses, failure to provide wages at termination, and violation of the Private Attorney General Act (“PAGA”). Plaintiff filed a First Amended...

Excerpt: ...ts. Background The operative complaint in this case is the Third Amended Complaint ("TAC") filed by Plaintiffs Gloria Single (“Ms. Single”) and CLTCOA (collectively, "Plaintiffs"). Ms. Single, now deceased, was a resident of Pioneer House, and alleged that she was unlawfully discharged from the facility in violation of Health and Safety Code section 1430(b). The Court previously granted summary adjudication in favor of Ms. Single on her first...

Excerpt: ...caused the death of Plaintiff Amber Jenkins' 18 year old son (“Decedent”). At the time of his death, Decedent had no children and is survived by his mother, Plaintiff, and father, who is plaintiff in a separate action (Sacramento Superior Court Case No. 34‐2021‐00310485, filed on October 29, 2021). Plaintiff filed her action on September 20, 2021, in her personal capacity as the decedent's heir for negligence and wrongful death. Plaintiff...

Excerpt: ...endant's Supplemental Interrogatory (Set One) and Request for Production (Set One) by no later than October 14, 2021. (ROA 64; RJN Exh. A.) Trial is currently set for March 14, 2022. To date, Plaintiff has not complied with the Court's September 30, 2021, order. Further, Plaintiff's counsel's mail has been returned to Defendant and counsel has been unresponsive to email. (Vandersluys Decl. ¶ 5, Exhs. 1‐2.) Plaintiff's counsel has failed to upd...

Excerpt: ...e the tentative ruling to Plaintiff Allen Hammler within 48 hours. The litigation coordinator is directed to have Plaintiff Alan Hammler available at oral argument on February 10, 2022 at 1:30 pm. Appearance 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. Defendants Ralph Diaz, et al.'s motion for an order...

Excerpt: ...o Plaintiff here, Lobel Financial Corp., which filed the instant action. Defendant did not respond to the Complaint as required by the Code of Civil Procedure and default was requested and entered on June 26, 2017. Defendant now moves to set aside the default on the grounds that he was unaware of the instant action because he was never appropriately served with the Complaint and only learned of this action when informed in December 2021 that his ...

Excerpt: ...or the "Gilbert Parties”) Complaint. Aoki Movants' Motion is GRANTED as follows. Defendant Joanna Mendoza joins in the Aoki Movants' Anti‐SLAPP Motion. Plaintiffs filed no specific opposition to the joinder. The request for joinder is granted. Defendant Joanna Mendoza is included in reference to Aoki Movants. Plaintiff's Request for Judicial Notice is granted. Aoki Movants' Request for Judicial Notice and Request for Judicial Notice in Reply ...

Excerpt: ...s. FACTUAL BACKGROUND This case centers on Proposition 21, an initiative that appeared on the California ballot on November 3, 2021. If approved by the voters, Proposition 21 would have permitted local governments to impose rent control on a wider range of properties. (Complaint, ¶ 13.) Plaintiff Yes on 21, Homeowners and Tenants United to Keep Families in Their Homes, Sponsored by AIDS Healthcare Foundation (“Plaintiff”) is a California pol...

Excerpt: ... counsel is directed to contact SMUD's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. This action arises out of an underground electric line on Plaintiff's property that provides power to a park owned by the City of Sacramento. In March of 2019, Plaintiff requested SMUD remove the line. When SMUD did not comply with Plaintiff's request, Plaintiff filed this a...

Excerpt: ... now filed an Amended Separate Statement, and in response, Plaintiff has filed Amended Opposition documents. Plaintiff's Amended Complaint alleges seven causes of action for Breach of the Warranty of Habitability, Retaliatory Eviction, Negligence, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Libel, and Slander arising from her plaintiff's residential tenancy. Plaintiff signed a written Rental Agreement...

Excerpt: ... 340.) On the Court's own motion, the hearing was continued to today. In this action, Plaintiffs allege that they are officers and directors of Sacramento A‐1 Doors and were engaged in the process of selling the company's assets. They allege that they relied on Defendants, their insurance brokers, to obtain ongoing Directors & Officers (“D&O”) insurance coverage after the sale of the company's assets. Plaintiffs allege that they believed th...

Excerpt: ...rek (“Plaintiff”) alleges she suffered injuries from two separate falls on two separate occasions: the first, at an apartment complex owned and operated by Defendant Burnet‐Nemrow Sandpiper, LP (“Burnet”), and the second, two days later at a clinic owned and operated by Dignity, where Plaintiff was being assessed after her first fall. (See generally, First Am. Compl.) Plaintiff's pleading contains causes of action for negligence (agains...

Excerpt: ...further responses to interrogatories must be accompanied by a declaration showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (Code Civ. Proc., § 2030.300(b).) This rule is designed to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order. (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435.) The level of effort at informal ...

Excerpt: ...impf alleges that she entered into a consensual relationship with her supervisor, Steven Medina (“Medina”). After Plaintiff ended the relationship, Medina began to sexually harass her. Plaintiff alleges that the harassment was so severe and pervasive that she sought a Civil Harassment Restraining Order in November 2019. In December 2019, Plaintiff notified Caltrans management, including Caltrans Manager Angelo Gross ("Gross"), and Bassi, Calt...

Excerpt: ..., 2021 WL 5911481 (U.S. Dec. 15, 2021) (“Viking River Cruises”). No trial date has been set in this action. Plaintiff Scott McKillop (“Plaintiff”) opposes. Request for Judicial Notice Plaintiff's Request for Judicial Notice, which attaches the “Question Presented” from the United States Supreme Court's docket, is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of thei...

Excerpt: ...r 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; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Defendants move to strike the following: 1. The second cause of action in the SAC for violation of the Real Estate Settlement Procedures A...

Excerpt: ...espectively. In her motion Defendant cites to both CCP § 473.5(a) and CCP § 473(d). Defendant contends that she was never properly served with the complaint. Defendant declares that she did not reside at the 79 Aiken Way address at which the proof of service states that she was served by way of substitute service. (Hernandez Decl. ¶ 2.) The proof of service states that Defendant was served by way of substitute service on June 5, 2019 through s...

Excerpt: ...ff's termination. In June 2021, Defendant served Plaintiff the subject form and special interrogatories. (De Wit Decl. ¶ 3.) Plaintiff provided responses in August 2021. (De Wit Decl. ¶ 4.) Following an initial meet and confer, Plaintiff provided the supplemental responses that are at issue in this motion. (De Wit Decl. ¶ 6, Exs. G & H.) Defendant's further meet and confer attempts did not result in a resolution of the discovery dispute and th...

Excerpt: ... property. Plaintiff desired to build the residence for use as an investment property. Plaintiff contends that after construction was finished there were numerous defects in the residence which has prevented the sale of the property. At issue on the instant motion are Defendant's amended responses to Plaintiff's requests for production Nos. 2 and 3. Request No. 2 asked for production of all documents that supported Defendant's responses to Plaint...

Excerpt: ...Plaintiffs allege that Kiranjit Kaur holds a 68% interest in Payal Investments, LLC and Mirage 4 U, LLC ("Mirage") and that Defendant Harpreet Kaur owns the other 32%. Payal owns real property located in Sacramento and Mirage operates at banquet hall at the property and caters to a Sikh clientele for weddings, anniversaries, birthdays and other special events. Plaintiff Raja Singh is Kiranjit Kaur's husband and it is alleged that all contribution...

Excerpt: ... to file a reply. In this employment action Plaintiff alleges numerous FEHA causes of action arising out of her former employment with Defendant as an Instructional Assistant. She alleges causes of action for national origin/race discrimination, gender discrimination, disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodation, retaliation and failure to prevent discrimination and retaliati...

Excerpt: ...as a Battalion Chief at its Santa Clara Unit (“SCU”). (FAC, ¶¶ 7‐8.) Plaintiff's position held responsibility for state and local government contracts. (FAC, ¶ 10.) Plaintiff contends he was told to obtain bids solely from Ron Paris Construction. (FAC, ¶ 14.) Plaintiff contends that he disclosed a personal conflict with that company and was told it did not create a conflict of interest because of a preexisting relationship between Ron P...

Excerpt: ... 17, 2022 at 1:30 pm. Appearance 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 the Zoom ID referenced above. Appearance is required. On December 20, 2021, plaintiff filed a "Request for Extension of Time" seeking to continue the oral argument from this date to February 6, 2022 due to a continued Covid outbreak in his unit and his inability to ...

Excerpt: ...t defendant Farid “was operating a black 2020 Volkswagen Jetta owned by Defendant [EAN]” and “was travelling northbound on San Juan Avenue in the City of Citrus Heights…when he caused a motor vehicle collision against [sic] Plaintiff Patty McCoy.” The complaint purports to assert two causes of action for general negligence and for motor vehicle negligence, both of which are asserted against both defendants Farid and EAN. Demurrer. EAN n...

Excerpt: ...cal 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 counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Factual Background This is a putative class action against TSE, described as a “courier company performing pac...

Excerpt: ... counsel of the specific causes of action 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. *** Factual Background This legal malpractice action was commenced by plaintiffs in pro per in Nevada County Superior Court on 1/24/2013, with the 1AC being filed several months later on 7/11/2013. According to the 1AC, plaintiffs retained defend...

Excerpt: ...nership effective as of that date. (Khella Decl., ¶ 7 and Ex. A.) Defendant contends that in doing so, Plaintiff withdrew from the partnership and became a disassociated partner. Defendant now has exclusive control over Prit Market's operations and continues to operate the business. Plaintiff and Defendant have filed a complaint and cross‐complaint, respectively, alleging a breach of fiduciary duty, breach of partnership agreement and accounti...

Excerpt: ... of the “Court's November 29, 2021 Ruling on the Ex Parte Application for Approval of the Receivership Plan and Increase in Receiver's Certificate” is denied. Defendant seeks reconsideration of the Court's November 29, 2021 Ex Parte order that approved the Court‐appointed Receiver Richardson Griswold's request for approval of the receivership plan and request for increase in Receiver's certificate from the previously approved $50,000 amount...

Excerpt: ...st for Production of Documents Nos. 1, 3, 9, 17, 34‐75, 83, and 84 is ruled on as follows. Moving counsel's 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 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 opposing counse...

Excerpt: ...nd the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** This consolidated action arises out of a multiple motor vehicle accident which occurred in September 2019. Farmers' complaint alleges that defendants negligently caused this accident and as a result, Farmers became obligate...

Excerpt: ...sts that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). In this action plaintiff alleges she was groped by defendant while at a local restaurant. According to the moving papers, defendant pled no contest to a charge of lewd conduct but now refuses ...

Excerpt: ...dvise 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. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action was commenced by plaintiff ESM on 4/21/2016 with a complaint seeking recovery of roughly $...

Excerpt: ...��Presson”) Cross‐Complaint pursuant to CCP § 425.16 is GRANTED AND DENIED IN PARTS as follows. Request for Judicial Notice Cross‐Defendants' request for judicial notice of the register of actions in Sacramento Superior Court Case No. 34‐2020‐ 00278230 is granted pursuant to Evidence Code § 452(d). Objections Cross‐Defendants' objections to Presson's evidence are SUSTAINED as to objection nos. 2, 4, 7, 11 and OVERRULED as to all oth...

Excerpt: ...sComplaint, and Defendant Donna Pohlman's (Cross‐Complainant Pohlman”) CrossComplaint. The motion is UNOPPOSED and GRANTED. Legal Standard In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1...

Excerpt: ...f the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. 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. T...

Excerpt: ... (“SAXC”) is ruled upon as follows. This motion was continued from January 12, 2022, to today's date, to be heard concurrently with CEE's motion for leave to file a Third Amended Cross‐Complaint. Cross‐Defendants' request for judicial notice of certified records from the California Contractors State License Board (“CSLB”) for CEE and California Gas Gathering Inc. and CEE's Proof of Claim filed in the United States Bankruptcy Court, Ea...

Excerpt: ... (The Court notes that it was required to take the background information pertaining to this dispute from Ford's Complaint, since Boyd fails to provide any sort of underlying facts or context for the claims in his own CrossComplaint.) As part of the agreement, Ford Credit agreed to finance the lease of the vehicle, and the contract was concurrently assigned to Ford Credit. According to the Complaint in this action filed by Ford, Boyd failed to ma...

Excerpt: ...mination, retaliation, and failure to prevent action against defendant California Highway Patrol (“CHP”). Plaintiff filed her Complaint on March 5, 2021. Plaintiff alleges Sergeant John Wilson (“Sgt. Wilson”) began harassing and discriminating against her based on her gender in May of 2018. Plaintiff alleges Sgt. Wilson berated her, criticized her appearance, stripped her of substantive work and gave it to male officers, rejected her requ...

Excerpt: ...d Nationstar's respective requests for judicial notice are 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 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 [“[W]hile t...

Excerpt: ... extending below the bottom of the page, bearing the exhibit designation. Plaintiff filed this action on July 31, 2021, against defendants Fiona Ma, Treasurer of the State of California (“Ma”), and STO (collectively, “Defendants”). Plaintiff alleges claims for sexual harassment, race discrimination, disability discrimination, wrongful termination in violation of public policy, and intentional infliction of emotional distress. On October 6...

Excerpt: ...ovember 16, 2021, and it was scheduled for hearing on January 6, 2022. Plaintiff Joshua Paul (“Plaintiff”) filed an opposition on December 22, 2021. On December 30, 2021, Defendant filed correspondence continuing the hearing to today's date (February 16, 2022). Thereafter, on January 13, 2022, Defendant filed an Amended Notice of Motion, as well as a new Memorandum of Points and Authorities in Support. The Court did not consider the new Memor...

Excerpt: ...ondos, John Sargetis, and United Law Center (collectively “Defendants”). Defendants filed three identical oppositions and objections to the motions. The court incorporates by reference its ruling denying Plaintiff's Motion as to each defendant and denies this defendant's motion for the same reasons. Item 2 2018‐00233339‐CU‐NP Pamela J. Palmieri vs. Stephen Foondos Nature of Proceeding: Filed By: Motion to Compel Responses to Production ...

Excerpt: ...��PCI”) to act as the advertising agency of record for Plaintiffs and to purchase media on their behalf. Defendant Lori Porter (“Lori”) is the President of PCI, a shareholder and co‐ owner of PCI, and is married to Defendant William Porter (“William”). William is a shareholder and co‐owner of PCI. William is also an attorney and President and principal shareholder of Defendant Porter Law Group, Inc. (“PLG”). Plaintiffs allege th...

Excerpt: ... allege that the operations at ARA and AHC's facility, located at 875 Alfalfa Plant Road (hereinafter the "Facility"), which operates as a pet food manufacturer, have created public and private nuisances, health and safety risks, and environmental degradation. All Plaintiffs live within a radius of 3,500 feet to four miles from Defendants' Facility. Plaintiffs' operative complaint makes several allegations with regard to emotional distress suffer...

Excerpt: ... 998 Offers to Compromise "offering to resolve this matter . . . in exchange for a dismissal with prejudice of this action the amount of Two Thousand Dollars and Zero Cents ($2,000.00), plus costs and reasonable attorneys' fees as determined by the Court." (Webber Decl. ¶ 9, Exh. 2 (emphasis in original).) Defendants timely accepted their respective 998 Offers on December 4, 2021. (Webber Decl. ¶¶ 10, Exhs. 3‐4.) Plaintiff now seek $134,120....

Excerpt: ... this action, Plaintiff is suing his prior court‐appointed counsel, Michael Aye (“Aye”), for his failure to return Plaintiff's criminal case file in federal case number 2:12‐CR‐00073‐TLN‐CKD1 in the Eastern District of California. Plaintiff has attempted to obtain his files directly from Aye, the State Bar of California, and through subpoenas in the Eastern District of California. Plaintiff alleges that the failure to obtain his fil...

Excerpt: ...") filed in this action on or about August 3, 2021 ("SAC") is overruled. Defendants demur to the SAC on grounds of claim preclusion; i.e., that the PAGA claims at issue in this case have already been adjudicated as part of a class action settlement in a Los Angeles action. (P&As at 7.) Defendants argue that the Judgment in another action resolved the State of California's PAGA penalty claims through the date of the Judgment, and bars Smigelski fr...

Excerpt: ...l disabilities. Each received PPP loans due to the COVID‐19 pandemic. Some of the Plaintiffs have received PPP loan forgiveness, while others are awaiting determination for their application for loan forgiveness. Plaintiffs allege that during the COVID‐19 State of Emergency, “DDS was (and is) required by law to authorize payment for absences that resulted from the closure of programs and inability or unwillingness of consumers to attend in�...

Excerpt: ... heard on August 18, 2021. The motion was continued and Plaintiff sought an ex parte application for an OST to file a motion to lift the discovery stay imposed by CCP § 425.16(g) in order to conduct discovery regarding the alleged defamatory statements. Plaintiff then dismissed the action before any of the motions could be heard. On September 23, 2021, the date the anti‐SLAPP motion was to be heard, the Court indicated that while it no longer ...

Excerpt: ...ndant now seeks attorney fees in the amount of $6,007.50 and $607.05 in costs as the prevailing party. Defendant relies upon a contractual attorney's fees provision in the underlying loan. Plaintiff opposes the motion on the basis that fees are not available because it filed a voluntary dismissal of the entire action on January 27, 2022 and alternatively challenges the amount of the requested fees. The Court notes that the dismissal was not enter...

Excerpt: ...es of action for: (1) failure to pay overtime wages, (2) wage statement violations, (3) waiting time penalties, (4) unfair competition, (5) failure to reimburse expenses, (6) failure to pay accrued vacation, (7) meal period violations, (8) rest period violations, (9) Private Attorney Generals Act, (10) failure to pay minimum wages, and (11) violation of Labor Code § 204. Defendants have denied the allegations and any liability, but the parties w...

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

Excerpt: ...A)(i) on January 21, 2022. This action arises out of a dispute between Defendant and Plaintiff Quest Media & Supplies, Inc. related to an IT Infrastructure Managed Services Enterprise Services Agreement (“Agreement”) which permitted Defendant to terminate it at its convenience, otherwise it was to expire on December 31, 2016. Specifically Plaintiff alleges that pursuant to the Agreement, it purchased certain computer/IT equipment which it cla...

Excerpt: ...served and filed separately . . . .Objections to specific evidence must be referenced by the objection number in the right column of a separate statement in opposition or reply to a motion . . . .”] Moreover, in Defendant's opposition brief [incorrectly labeled as “Plaintiff's Memorandum of Points and Authorities in Opposition of Motion for Summary Judgment”], Defendant objects to the “Declaration of Plaintiff's Qualified Witness” and a...

Excerpt: ...idence objected to was not material to the Court's tentative ruling. Background The present lawsuit is brought by Plaintiff Farrell York (“York”) against Defendants. Plaintiff is represented by Attorney Lewis. As relevant to this motion, Attorney Lewis represents another plaintiff, Rebecca Lane (“Lane”) in a separate action against City ‐ Sacramento Superior Court Case No. 34‐2018‐00235362. Prior to filing this lawsuit York filed a ...

Excerpt: ...ecedent”) for prostate cancer by several physicians at Kaiser. Plaintiff alleges that the physicians did not adequately inform the Decedent regarding the effects of certain medications including Lupron, Effexor, radioactive gold seeds and radiotherapy. As an initial matter, this case was set in Department 54. Judge Krueger recused himself on January 27, 2021, pursuant to CCP § 170.1(a)(3)(A) and (a)(3)(b)(ii) due to a testamentary event. Prior...

Excerpt: ...ff Allen Hammler within 48 hours. The litigation coordinator is directed to have Plaintiff Alan Hammler available at oral argument on February 10, 2022 at 1:30 pm. Appearance 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. Defendants Ralph Diaz, et al.'s motion for an order requiring Plaintiff Allen Hammler...

Excerpt: ...n action regarding changing the methods by which City Council members are elected within timeframes set forth in the Elections Code. Defendant's demurrer to Plaintiffs' complaint was sustained with leave to amend on March 17, 2021 on the basis that Plaintiffs had not exhausted the administrative remedy provided under Elections Code § 10010 which is a prerequisite to commence their CVRA action and requires a plaintiff to wait 45 days to file an a...

Excerpt: ...ollowing causes of action: (1) race discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) failure to prevent discrimination and retaliation in violation of FEHA; (3) whistleblower retaliation in violation of Labor Code section 1102.5; (4) wrongful termination in violation of public policy; and (5) intentional infliction of emotional distress. Defendant issued three subpoenas to Plaintiff's former employers, Comcast ...

Excerpt: ...document request 1 through 11 to the notice of deposition for Scott Morris. Plaintiffs/Cross‐ Defendants also request sanctions in the amount of $3,060. The motion is ruled on as follows. The documents requested relate to Kronick's finances before and during their representation of Bank. Bank alleges the documents are highly relevant and show (1) Kronick took on the underlying case and excessively litigated it to generate fees needed to keep th...

Excerpt: ...y adjudication if all the papers submitted show that there is no triable issues as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. § 437c(c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35.) Section 437c(c) imposes an affirmative duty on a court to grant a summary judgment motion in an appropriate case. (Preach v. Moister Rainbow (1993) 12 Cal.App.4th 1441, 1450.) The Court must decide if a...

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

Excerpt: ...ion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify other parties immediately of the tentative ruling system and to be available at the hearing, via Zoom audio or video, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiffs filed their complaint on August 1, 2017, against several defendants, including Settlin...

Excerpt: ...rer that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer 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 ...

Excerpt: ...their existence, not the truth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff Mountain F Enterprises, Inc., filed this action on March 4, 2020, for declaratory relief, predicated on a fire that occurred when Defendant Chriso's Tree Trimming was felling a dead cedar tree a few miles from the south entrance to Yosemit...

Excerpt: ...he Labor Code. Specifically, Plaintiff alleges Defendant required her to arrive before her shift began to wait for deliveries, open the restaurant if the employee scheduled to open did not show up for work, and/or be prepared to open in the event that the employee scheduled to work did not appear. Plaintiff also alleges Defendant further prohibited Plaintiff and the PAGA Settlement Employees to leave the restaurant during their breaks and therefo...

Excerpt: ...d the first loan with a second loan from Defendants, again secured by the same two properties, and executed a note for $1.23 million. After defaulting on the note, Plaintiff entered into a settlement agreement with Defendants on or about August 27, 2018 In that agreement, Plaintiff granted general releases and waived Civil Code section 1542, releasing all known and unknown claims against Defendants. Moving parties here signed the settlement agree...

Excerpt: ...ilitation of the property located at 6600 Medallion Ct., Citrus Heights, California ("Subject Property") and granted the receiver certain powers and duties. (Register of Actions, “ROA” 24.) The City now seeks an order declaring that the City is the prevailing party in its Receivership Petition regarding the conditions of the Subject Property and to recover its costs, expenses, and fees incurred in the action in the amount of $22,475.71 and an...

Excerpt: ...l grant final approval of the class action settlement, subject to certain conditions, 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 ora...

Excerpt: ...Street, Sacramento, California 95814. Factual and Procedural Background In March of 2013, Mutti entered into business with defendant Nachhattar Sing Chandi (“Chandi”) to acquire real estate and a gas station. (FAC ¶ 9.) Neither Mutti nor her husband were experienced in the business or acquisition of a gas station, but allege Chandi represented the money Mutti invested would go towards purchasing half the shares of the corporation (Orchard) t...

Excerpt: ...vidence. (See, CRC Rule 3.1352, 3.1354.) This action arises out of an auto accident that occurred on January 31, 2018, near the intersection of Greenback Lane and Madison Avenue. On the evening of the 31st, two vehicles struck the decedent, Deborah Garza, as she cross the street at Greenback Lane. Decedent was struck first by a Ford F‐150 pick‐up truck. Approximately 40 seconds thereafter, while Decedent was laying prone in the road, she was ...

Excerpt: ...Tom Langeland (“Langeland”) remove items from 1127 21st Street in Sacramento (“the Property”). (Complaint, ¶ 7.) Langeland and Defendant TEL Enterprises, Inc. (“TEL”) employed two servants (“Does 1 and 2”) and dropped them off at the Property along with Plaintiff and a truck. (Ibid.) Langeland provided a moving dolly and instructions to remove items from the second floor of the Property and place them in the back of a truck. (Ibi...

Excerpt: ...in 1993 as joint tenants; Plaintiff's father passed away in 2002 and Plaintiff became the sole owner of the property. (See UMF 1.) The property is located in Campus Commons Village, which is a common‐interest development with a homeowner's association (HOA). Pursuant to the HOA's Covenants, Conditions, and Restrictions (CC&Rs), residents must pay assessment to the HOA. If the assessments are not paid, the CC&R authorize a trustee designated by ...

Excerpt: ...on arises from Plaintiffs' former tenancy at Defendants' single family home at 8932 Hollowstone Way in Sacramento. Plaintiffs resided at the property starting on February 1, 2019, until they were formally evicted on February 2, 2021. (See Case No. 20UD106999.) In January of 2021, Judge R. Steven Lapham ruled on the merits after a two‐day trial and issued judgment for Defendants requiring Plaintiffs to relinquish possession of the property and p...

Excerpt: ...ian L. Porter Revocable Trust, defendant will be referred to as “Porter Trustee.” Porter and Porter Trustee will be referred to collectively herein as “Defendants.” Defendants' request for judicial notice is granted. Factual and Procedural Background The Instant Action 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...

Excerpt: ... 813 6th Street, Sacramento, California 95814. Request for Judicial Notice Defendant's request for judicial notice of the Complaint in this action is granted. Defendant's request for judicial notice of Plaintiff's responses to Metro Surveillance Security's requests for admissions is also granted. The requests for admission of which Defendant requests the Court to take judicial notice are as follows: RFA No. 1: Admit that you were issued a Notice ...

Excerpt: ...osing 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 SPARC Group, LLC and Eddie Bauer, LLC's (collectively “Eddie Bauer”) petition to compel arbitration and stay the action is GRANTED as follows. Eddie Bauer's Request for Judicial Notice Eddie Bauer submitted a request...

Excerpt: ...orothy MacPhail surreptitiously took partnership profits for their own personal gain without benefit to the partnerships. In connection with the previous rulings, the Court ordered the parties to meet and confer to potentially stipulate to the appointment of a discovery referee. The Court has repeatedly encouraged the parties to discuss the issue of a discovery referee. It does appear from the opposition papers that the parties are engaged in eff...