Excerpt: ...f Costs filed on 10/12/2021 is ruled upon as follows. 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 counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to app...

Excerpt: ...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 to Post Security pursuant to CCP § 391.1 is granted. Defendants' request for judicial notice is granted. As seen from the request, P...

Excerpt: ...rous Defendants including Defendant David Smith, M.D., resulted in the Decedent's death. By way of the instant motion, Plaintiff seeks an order quashing certain deposition subpoenas for the production of business records issued by Defendant David Smith. The subpoenas are directed to Plaintiff's former employers ‐‐ the U.S. Marshals Service and the U.S. Department of Agriculture. The subject subpoenas seek “[a]ny and all documents related to...

Excerpt: ...STEP”). Plaintiff alleges that STEP committed numerous Labor Code violations. On December 2, 2020, this Court granted STEP's petition to compel arbitration of Plaintiff's individual and class claims and to stay the action. Plaintiff now seeks leave to file a first amended complaint adding a single cause of action seeking penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Plaintiff has not, however, made any motion to ...

Excerpt: ...arty is 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 Theresa Westphal's (“Defendant”) motion to compel further responses to Special Interrogatories, Set One, and request for monetary sanctions is GRANTED as follows. Overview This...

Excerpt: ...sly rejected Pacific Pride's request to continue because it failed to follow the proper procedures to request a continuance. (ROA 67) Despite its claim that a continuance would promote judicial economy, Pacific Pride set the motion for this date, an opposition was filed premised on this date, and the Court has prepared the ruling on this motion for this date. This action arises out of an incident on February 8, 2019 in which Defendant Jose Luis R...

Excerpt: ...uance request was filed by that date. On January 31, 2022 ‐ one day before the issuance of the Court's tentative ruling and two days before the hearing on this motion ‐ Plaintiff's counsel filed a response requesting a continuance of the motions. Plaintiff's counsel avers that he failed to calendar the motion and has been recently ill. However, Plaintiff's counsel concedes that he received a call from Defendants' counsel asking about Plaintif...

Excerpt: ...f alleges that Chambers sexually harassed Plaintiff beginning in July 2017 and CDCR retaliated against Plaintiff when she complained of the sexual harassment. (Second Amended Complaint (“SAC”) ¶¶ 36‐42.) Plaintiff alleges that due to the retaliation, Plaintiff suffered a workplace injury on or about December 20, 2017. (SAC ¶ 43.) By this motion, Plaintiff moves to compel CDCR to produce the following documents: 1. Any and all documents, ...

Excerpt: ... and confer in person or by telephone to determine whether an agreement can be reached that would resolve the moving party's objections. (CCP § 435.5(a).) Written correspondence is not sufficient. The hearing is continued to March 2, 2022, for the parties to meet and confer in person or by telephone. No later than February 21, 2022, Defendant shall file and serve a declaration regarding the results of the meet and confer, and whether an agreemen...

Excerpt: ...counsel of the causes of action 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. *** Overview This action was commenced on 12/2/2019. The 2AC filed on 9/13/2021 alleges that defendants CDSS and the California Office of Administrative Hearings (“OAH”) “revoked Plaintiffs' licenses and denied their applications,” with C...

Excerpt: ... 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. Plaintiff failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background According to Plaintiff, SME is a business which transports ve...

Excerpt: ...f fiduciary duty. Plaintiffs have also asserted causes of action for conspiracy to commit trespass to chattels and trespass to chattels; conspiracy to violate Penal Code §502(c) and violation of same; and conspiracy to interfere with prospective business advantage and interference with prospective business advantage against both the aforementioned attorney defendants but also Porter Communications, Inc. (“PCI”) and Lori Porter (“Lori”), ...

Excerpt: ...o or video, in the event Defendant appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's 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 findings of fact does not mean that those findings of fact are true]...

Excerpt: ...nor Travelers Indemnity Company of Connecticut (“Travelers”) on behalf of Cross‐Defendant Zayas, Incorporated, a suspended California corporation, sued herein as Zayas, Inc. (“Zayas”) (collectively, “Contractor Defendant/Cross‐Defendants”) and Plaintiff The Regents of the University of California is UNOPPOSED and is GRANTED. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Ru...

Excerpt: ...ht homes. The names, addresses, and purchaser status of the proposed plaintiffs are identified in Exhibit 1 to the declaration of Haejung Kim. Plaintiffs allege the proposed plaintiffs are proper to join this action based on the common nexus of law and fact with Plaintiffs who also own homes originally construed by developer Lennar Homes of California, Inc. Plaintiffs argue that joinder will save the Court and all parties significant time, resour...

Excerpt: ... “Plaintiff Dionysios Yuri Shallan's motion for final approval of class action and PAGA settlement is unopposed and GRANTED pending the final fairness hearing to be held on this date. (CCP § 382, CRC Rule 3.769.) This is a class and representative action alleging the defendant employer violated a number of wage‐and‐hour provisions. The settlement class is defined as ‘All of Defendant's current and former non‐exempt banquet employees wh...

Excerpt: ...lure to Prevent Discrimination in Violation of the California Fair Employment and Housing Act and Attorney's Fees.” The complaint alleges that plaintiff was wrongfully terminated as a police recruit and from the Sacramento Police Academy. Plaintiff names as defendants, the City of Sacramento, and Does 1 through 20. Exhibit A to the complaint is a Department of Fair Employment and Housing right to sue letter. According to the complaint, plaintif...

Excerpt: ...nd SUSTAINED with leave to amend in part. This is a non‐judicial foreclosure action. Plaintiffs filed the Complaint on August 25, 2021, a day prior to the then‐scheduled trustee's sale, alleging the following four causes of action: (1) violation of Homeowners Bill of Rights (“HBOR”); (2) unfair business practices; (3) breach of contract; and (4) breach of implied covenant of good faith and fair dealing. Defendants demur to each cause of a...

Excerpt: ... Notice Regents' request for judicial notice of the FAC in this action and a court record from El Dorado County Superior Court (“Own Recognizance/Conditional Release on Bail Agreement/Pre Trial Program”) is granted. Plaintiffs Leigh Bacco‐Scribner (“BaccoScribner”) and Matt Scribner's (individually “Scribner,” or collectively “Plaintiffs”) request for judicial notice of the FAC in this action, Regents' Demurrer, and the Court's ...

Excerpt: ...stic tabs extending below the bottom of the page, bearing the exhibit designation. This action arises from two separate accidents in Sacramento County. The first accident took place on December 5, 2016. The second accident took place on July 25, 2018, involving Juan Munoz and Ansar Choudhry. Mr. Munoz and Mr. Choudry settled for $20,000. (Oppo., Exh. G.) The accident at issue by this motion is as follows. On December 5, 2016, defendant Oleshko wa...

Excerpt: ...Plaintiffs' filed an untimely opposition only six court days prior to the hearing in violation of CCP § 1005. Defendants were served with the opposition seven court days prior to the hearing on January 10, 2022. (Arel Decl. ¶¶ 3‐ 4.) On reply, Defendants urge the Court to disregard the opposition as it only allowed them one day to prepare and file a reply brief. While the Court in its discretion has considered the untimely opposition in reac...

Excerpt: ...lices against racial discrimination and harassment. Safeway alleges they conducted a thorough investigation into allegations of race discrimination against Plaintiff. Based on that investigation, Safeway terminated Bister's employment. On December 8, 2021, Plaintiff Victor Gonzalez ("Plaintiff') served a Person Most Knowledgeable ("PMK") deposition seeking, for the second time, testimony regarding "Safeway's policies against discrimination, haras...

Excerpt: ...adjudication is GRANTED as follows. Defendants failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Plaintiffs Jeanne Brazzil and her husband, Tim Brazzil (collectively, “Plaintiffs”) filed their Complaint for personal injuries and damages on December 13, 2018. Spe...

Excerpt: ..." x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. This action arises from an injury plaintiff in pro per Norma Pedroza Chavez (“Plaintiff”) sustained during a fitness class at Orange Theory in Folsom, California on September 3, 2015. (UMF 1.) Plaintiff contends she twisted her ankle after tripping on a newly installed floor mat. Plaintiff filed her original Complaint on Sept...

Excerpt: ...m. Plaintiff alleges claims of retaliation and discrimination arising out the termination of his employment. On June 29, 2021, Plaintiff served Defendants with the discovery requests that are the subject of this motion. Webber Decl. ¶ 2, Ex. 2‐9. In August 2021, plaintiff contends Defendants served incomplete, non code‐compliant responses to Plaintiffs discovery requests. Webber Decl. ¶ 3, Ex. 10‐17. On September 30, 2021, Defendants' cou...

Excerpt: ...care's (collectively, “Plaintiffs”) request for judicial notice is unopposed and granted. On April 1, 2021, Plaintiffs filed a Verified Complaint against Defendant asserting four causes of action for breach of written contract, open book account, constructive trust, and unjust enrichment. Defendant was served by substituted service on June 2, 2021. (ROA 6.) On July 14, 2021, Plaintiffs filed a Request for Default that was entered the same day...

Excerpt: ... post‐judgment Memoranda of Costs filed on 10/12/2021 is ruled upon as follows. 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 counsel is unable to contact opposing counsel prior to hearing, movi...

Excerpt: ...ment Housing Foundation's ("corporate defendants" or "moving parties") Motion for Summary Judgment/Summary Adjudication is granted as to the facility defendants but denied as to the corporate defendants. Plaintiff's Evidentiary Objections The Court is not ruling on the written objections as they did not comply with either of the formats required by California Rules of Court, Rule 3.1354(b) in that plaintiff failed to number the evidentiary object...

Excerpt: ...e any responses by the Court's October 15, 2021 deadline, and has not served any responses to date. Therefore, because Defendant failed to abide by this Court's order, Plaintiff requests that the Court strike the Answer and order a default be entered against Defendant. Plaintiff also seeks $1,410.00 in monetary sanctions to be paid by Defendant for abuse of discovery process. Pursuant to Code of Civil Procedure section 2031.310(i), a court may im...

Excerpt: ...ndant. The Complaint alleges causes of action for (1) Sexual Assault/Battery (against Smithson only); (2) Negligence (against all Defendants); (3) Sexual Harassment (Civil Code § 51.9) (against all Defendants); and (4) Gender violence (Civil Code § 52.4) (against all Defendants). (See generally, Compl.) The Complaint alleges that Daniel Smithson was an uncredentialed teacher and custodian employee of Defendant, that he taught art and Dungeons a...

Excerpt: ...t part: “Pursuant to Code of Civil Procedure § 998, Defendant Hyundai Motor America (“HMA”) hereby offers to compromise this action as follows: 1. With respect to Plaintiffs' 2012 Elantra VIN KMHDH4AE4CU415620 (“Subject Vehicle”), HMA will pay the total amount of $78,000.00 to Sarah G. Lopez and Julie A. Cosgrove‐Garcia (jointly "Plaintiffs") and Plaintiffs' lender, if any (if there is an outstanding loan on the vehicle, the lender s...

Excerpt: ...endants Sergey and Lyubov Petrashishin's (collectively “Defendants”) demurrer to Plaintiffs Tom and Gayle Smith's Second Amended Complaint (“SAC”) is UNOPPOSED and is ruled upon as follows. This lawsuit arises out of a dispute between neighboring property owners. Plaintiffs allege that in June 2019, Defendants entered into a settlement agreement with Plaintiffs. Plaintiffs allege that paragraph 3(f) of the settlement agreement “included...

Excerpt: ... party is directed to contact counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is 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). In this action, se...

Excerpt: ...ULED. However, the Court notes that many of the statements objected to by Plaintiff consist of counsel's description of factual contentions that CalFire anticipates raising as trial. The Court considers such statements only as evidence of what issues will be raised at trial, not as evidence of the truth of those contentions. Background This is an employment action arising from the alleged wrongful termination of Plaintiff based on alleged disabil...

Excerpt: ... No. 15.1 is ruled upon as follows. Procedural History Plaintiffs served Form Interrogatory (set one) via email on October 7, 2021. Defendant timely served his responses on November 9, 2021. Defendant, however, failed to include a response to Form Interrogatory No. 15.1. On November 10, 2021, Plaintiffs emailed Defendant notifying him that a response to Form Interrogatory No. 15.1 was missing. (Declaration of Lisa R. Roberts (“Roberts Decl.”)...

Excerpt: ...efendant”) default was entered on 9/21/20. An Interlocutory Judgment After Default was entered on July 2, 2021. (Register of Actions (“ROA”) 36.) The Notice of Motion states that Plaintiffs seek “an order enforcing the Interlocutory Judgment After Default previously entered by this court for sale of 2526 El Cerco Court, Rancho Cordova, California 95670 ("Subject Property"), pursuant to California Civil Procedure §§ 128(a)(4) and 187 on ...

Excerpt: ...ounty Assessment Appeals Board) “Final Decision” dated November 21, 2019, “adopted the Assessor's revised opinions of value, which were based on the assessable interest (leased fee or equivalent) used by the Assessor in violation of SBE Rules 2, 4 and 8, and California case law; the valuation methods used by the assessor which violated SBE Rules 4, 6 and 8; and the Board assessed the value of exempt intangible assets subsumed in the assessm...

Excerpt: ....) Plaintiff's Complaint against Defendants alleges: (1) violation of Labor Code sections 510 and 1198 (unpaid overtime wages); (2) violation of Labor Code sections 226.7 and 512(a) (unpaid meal premiums); (3) violation of Labor Code section 226.7 (unpaid rest premiums); (4) violation of Labor Code sections 1194 and 1197 (unpaid minimum wages); (5) violation of Labor Code sections 201 and 202 (final wages not timely paid); (6) violation of Labor ...

Excerpt: ...oad 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 therein); Class Plaintiffs v. City of ...

Excerpt: ...sed various nuisances, health and safety risks, and environmental degradation. Plaintiffs allege that they have suffered emotional distress. The parties entered into a protective order which was entered by this Court on May 19, 2020. (Minasian Decl. Exh. 1) The protective order provides that parties shall not file protected materials in the public record absent a motion to seal being filed or prior written authorization is given by the party that...

Excerpt: ...referenced by the objection number in the right column of a separate statement in opposition or reply to a motion . . . .”] In Defendant's response to Plaintiffs' Separate Statement of Additional Material Facts (“AMF”), Defendant responded with objections, but did not file a separate objection pleading or comply with the other format requirements of Rule 3.1354. Therefore, the Court declines to rule on Defendant's objections stated in its r...

Excerpt: ...can but he was terminated after Defendant contacted First American and lied about him. Plaintiff moves to compel Defendant Gateway Insurance Group, Inc. to provide further responses to requests for admission 4, 7‐ 20, 24, 25, 28 and 29. Plaintiff's approximately four page memorandum of points and authorities fails to discuss these subjects requests in any manner other than simply stating that Defendant “has evaded properly responding” to th...

Excerpt: ...State of Idaho, Canyon County, records from the Idaho Supreme Court, and the scheduling order issued by the arbitrator in the Idaho Arbitration. (Defendant's Request for Judicial Notice (“RJN”) Exs. A‐G.) Defendant's request for judicial notice is GRANTED in its entirety. Overview Allegations in this Action In 2018, Plaintiffs, Defendant, and non‐party Off‐Spec Solutions, LLC (“Off‐Spec”) entered into a Membership Interest Purchas...

Excerpt: ...r the production of business records issued by Respondent American Family Connect Property and Casualty Insurance Company. At the outset, while Claimant bases her motion on the contention that Respondent is inappropriately seeking her employment records, the motion refers to a number of subpoenas, but only one relates to employments records. The subpoena to Health Services Advisory Group seeks those records. The remaining subpoenas relate to medi...

Excerpt: ...h they contend was settled for an unreasonably low amount. Plaintiffs assert that they were essentially coerced into settling the underlying matter. Among other things, Plaintiffs have alleged that Scheidt failed to disclose in December 2015 that his cancer and that the treatment he received for “that condition” rendered him physically and mentally unable to try the underlying action. (Comp. ¶ 40(v).) At issue on this motion is a subpoena fo...

Excerpt: ...lt, California 95632. Allegations of FAC Plaintiff nursing home entered a contract with decedent, Lillie Chapman, agreeing to provide to decedent skilled nursing facility care and services for a fee. Decedent agreed to pay for said skilled nursing care and services. Decedent left an outstanding balance in the amount of $51,500. At all times herein relevant. Decedent knew that she was indebted to Plaintiff. The Decedent died on or about April 19,2...

Excerpt: ...ants”) demurrer to plaintiffs Ioannis Taliadoros and Nina Taliadoros' (collectively, “Plaintiffs”) Complaint is OVERRULED. Plaintiffs' filed an untimely opposition only six court days prior to the hearing in violation of CCP § 1005. Defendants were served with the opposition seven court days prior to the hearing on January 10, 2022. (Arel Decl. ¶¶ 3‐4.) On reply, Defendants urge the Court to disregard the opposition as it only allowed ...

Excerpt: ... demurrer to the first amended complaint (“FAC”) is SUSTAINED IN PART AND OVERRULED IN PART as follows. Requests for Judicial Notice Regents' request for judicial notice of the FAC in this action and a court record from El Dorado County Superior Court (“Own Recognizance/Conditional Release on Bail Agreement/Pre Trial Program”) is granted. Plaintiffs Leigh Bacco‐Scribner (“BaccoScribner”) and Matt Scribner's (individually “Scribner...

Excerpt: ...account is what the Defendant/Cross‐Complainant held with creditor Comity Capital Bank and the other account was with Citibank, N.A. Both creditors sold, assigned, and transferred all rights and interest in the accounts to Midland.. The Cross‐Complaint alleges three causes of actions against Midland. Crosscomplainant alleges negligent misrepresentation arising out of a misrepresentation of Best Buy concerning a computer she purchased, breach ...

Excerpt: ...ectively, “Defendants”) demurrer to Plaintiff's Complaint is OVERRULED in part, and SUSTAINED with leave to amend in part. Defendants' request for judicial notice is DENIED as to Exhibits 1 (compilation of Courthouse News Service (“CNS”) search results for Plaintiff's name), 14 (CNS search results for Plaintiff's counsel's firm), 15 (Defendants' websites), and 16 (Defendants' websites), as these matters are not the proper subject of judic...

Excerpt: ... January 27, 2022. On December 16, 2021, the Court issued the following tentative ruling after requiring the parties' appearance: “Plaintiff Dionysios Yuri Shallan's motion for final approval of class action and PAGA settlement is unopposed and GRANTED pending the final fairness hearing to be held on this date. (CCP § 382, CRC Rule 3.769.) This is a class and representative action alleging the defendant employer violated a number of wage‐and...

Excerpt: ... to suspect Ms. Aspen of being in the course and scope of employment with a public entity at the time of the subject collision. Petitioner's claim against the Department of General Services, State of California thus accrued on January 27, 2020. Petitioner filed a late‐claim application on February 17, 2021, more than one year from the accrual of the cause of action. On February 26, 2021, Petitioner resubmitted his late‐claim application, havi...

Excerpt: ...Sharp Source (“Sharp Source”) to serve verified further responses to Plaintiff's Request for Production of Documents, Set One, numbers 11‐14, 17, 18, 27, 28, and 51‐54 and produce all responses records and to compel defendant Garib Karapetyan (“Karapetyan”) to serve verified further responses to Plaintiff's Request for Production of Documents, Set One, numbers 5, 13, 15, 17, 18, 44, and 47‐50 is DENIED. Sharp Source and Karapetyan s...

Excerpt: ...n to set aside default is GRANTED. Plaintiffs Kan‐Di‐Ki, LLC dba Tridentcare and Community Mobile Ultrasound LLC db/a Tridentcare's (collectively, “Plaintiffs”) request for judicial notice is unopposed and granted. On April 1, 2021, Plaintiffs filed a Verified Complaint against Defendant asserting four causes of action for breach of written contract, open book account, constructive trust, and unjust enrichment. Defendant was served by sub...

Excerpt: ...fendant Cathryn Tran moves for an order granting summary adjudication against Defendants/Cross‐ Complainants Chau Vo and Thi Ba Nguyen's eighth and twenty‐second affirmative defenses. The caption states the motion is also for the appointment of a receiver to fully dispose of Plaintiff's first cause of action for partition, but this request for relief is not included in the notice of motion. Legal Standard In evaluating a motion for summary ju...

Excerpt: ...inding arbitration is GRANTED. Mercedes‐Benz' request for judicial notice of the Complaint in this action is granted. Plaintiff Ivan Makovey's (“Plaintiff”) objection to the entire declaration of Soheyl Tasildoost is overruled. This is a lemon law lawsuit involving the lease of a 2020 Mercedes‐Benz GLB 250 vehicle (the “Vehicle”). Plaintiff filed his Complaint on July 6, 2021, alleging claims for violation of the Song‐Beverly Consum...

Excerpt: ...ctively, “Defendants”) motion for summary judgment or, in the alternative, summary adjudication is GRANTED as follows. Defendants failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Plaintiffs Jeanne Brazzil and her husband, Tim Brazzil (collectively, “Plaintiff...

Excerpt: ...had been leased to Sprint pursuant to a Master Fleet Services Agreement. Sprint provided the vehicle to its employee David Miranda (“Mr. Miranda”). On the night in question, Ms. Guzman was driving the vehicle home from a concert with Mr. Miranda as a passenger in the vehicle. Ms. Guzman rear‐ended another vehicle causing the Ford Fusion to become inoperable. Part of the vehicle remained in a portion of the number three lane of traffic. A tr...

Excerpt: ...(“Amended Complaint” or “SAC”) against Defendants the Regents of the University of California (“the Regents”), UC Davis Health Systems (“UC Davis”), and Laura Beltramini (“Beltramini”) on June 30, 2021. According to the Amended Complaint, Plaintiff began working at UC Davis in October 2002 and has had a disability under the Fair Employment and Housing Act (“FEHA”) since 2006. (SAC, ¶¶ 10, 13.) Plaintiff alleges his disab...

Excerpt: ...”) office in Sacramento to tour the facility and meet with Defendant Steve Favis (“Favis”), Taechyon's Chief Technology Officer, and Defendant Deepak Srivastava (“Srivastava”), Taechyon's former Chief Executive Officer. (FAC, ¶ 20.) Srivastava and Favis made representations about the potential for Taechyon's products in both the United States and other global markets and encouraged O‐Film to make a $1 million investment in Taechyon. ...

Excerpt: ...g 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. BACKGROUND Plaintiffs filed their Complaint against Defendant on May 5, 2021. Plaintiffs are former employees of Defendant who alleg...

Excerpt: ...alleges it leased commercial space to Defendants located at 8390 Gerber Road, Suite C in Sacramento (“the Property”). (Complaint, ¶ 6.) The lease commenced on November 4, 2014 and had an expiration date of January 31, 2018. (Id., ¶ 8) Defendants breached the lease by failing and refusing to pay rent and other amounts due and Plaintiff has been damaged in the amount of $23,742.27 exclusive of interest and attorney fees and costs. (Id., ¶¶ ...

Excerpt: ...Ban (“Plaintiff”) contends that Defendants AHA, Brockett, and Linnea Stonebraker (“Stonebraker”), (collectively “Defendants”), engaged in wrongful conduct which resulted in Plaintiff's registration as a certified instructor for life support training to be revoked by AHA. As a direct result of AHA's renovation, Plaintiff alleges he lost business and prospective economic benefit. Plaintiff alleges causes of action against Defendants for...

Excerpt: ...ed 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 counsel prior to the hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Plaintiff's underlying Second Amended Complaint is a representative action under the Pri...

Excerpt: ...es 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 counsel prior to the hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Plaintiff filed t...

Excerpt: ...�) and Adriel Salto, a minor, allege that a vehicle negligently operated by Defendant Bethany Masten collided with a vehicle negligently operated by Defendant Adel Hall (“Ms. Hall”) that collided with a vehicle operated by Melanie Camacho, in which Mr. Salto and Adriel Salto were passengers. (ROA 1.) On September 14, 2020, Ms. Hall filed a Cross‐Complaint against Bethany and Scott Masten (“the Mastens”) for indemnification, apportionmen...

Excerpt: ...ming only Nadia Naz and Does 1 to 100 as defendants. Defendant Naz thereafter moved to transfer venue to Sacramento County Superior Court in 2018. In December 2019 defendant Naz moved for summary judgment on the grounds that she is not a proper party and that plaintiff failed to name Mr. Khalid as a defendant prior to the expiration of the statute of limitations even though Mr. Khalid's identity was known to plaintiff when the original complaint ...

Excerpt: ...f moving defendant's 55 Undisputed Material Facts identified in the moving separate statement and/or which 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. *** SMC's counsel failed to comply with CRC Rule 3.1350(b), requiring that issues presented for summary adjudication be...

Excerpt: ... of Corrections and Rehabilitation (CDCR) and Kathleen Allison in her official capacity as Secretary of the CDCR from enforcing operational regulations that CDCR has adopted on an emergency basis which increase certain prison inmates' earning rates of good conduct credit (the Regulations). As the Court explains below, the motion for preliminary injunction is denied. Petitioners seek a preliminary injunction enjoining Respondents State of Californ...

Excerpt: ...dict the allegations in the TAC such that it should be considered on demurrer pursuant to Del E. Webb Corp v Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The Court previously sustained BRMS' demurrer to the First Cause of Action for Unfair Business Practices in Violation of Bus. & Prof. Code § 17200. The Court found that Plaintiff failed to adequately allege any conduct by BRMS that would establish any unlawful, unfair or fraudulent ...

Excerpt: ...bor Code § 1102.5; (2) breach of the implied covenant of good faith and fair dealing (Tameny); (3) “violation of Plaintiffs' recognized pretermination due process rights (Skelly)”; (4) negligent supervision; and (5) negligent infliction of emotional distress. Plaintiffs allege that there were Capitol Security Technicians employed by the State Senate who were charged with harassment and discrimination violations. (FAC ¶ 10) They allege that ...

Excerpt: ...ion in Violation of Government Code § 12940(k); and (3) Failure to Provide Reasonable Accommodation in Violation of Government Code § 12940(m). Defendant demurs to all three causes of action. A demurrer can be used to challenge defects that appear only on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (Blank v Kirwan (1985) Cal.3d 311, 318.) In reviewing the sufficiency of a complaint ...

Excerpt: ...red. The opposition also fails to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of plaintiff's employment with defendant CALPIA. Plaintiff's 1AC purports to assert four causes of action. The first three are brought pursuant to the FEHA and include claims for discrimination based on gender, for discrimination based on national origin and for retaliation. The final cause of action is also for r...

Excerpt: ... a 7‐Eleven store operated by defendant Sahota at 5579 Mack Road, the decedent encountered near his bicycle “two violent, armed, [sic] criminals” (i.e., defendants Hunter and Chaney) who shot the youth “multiple times.” Plaintiff, the mother of the decedent, alleges in Paragraph 13 that “Defendants generally possess, owned, leased, operated, managed, maintained, repaired, inspected, and/or otherwise controlled the business located at ...

Excerpt: ...le 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). Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and The Permanente Medical Group, Inc.'s (collectively “Defendants”) demurrer to Plaintiff Polina Seeger's (“Plaintiff�...

Excerpt: ...er 30, 2021. Plaintiff Rodney Andrews did not file or serve his Opposition until January 5, 2022 ‐ one day before Defendants' Reply was due. (ROA 34.) On Reply, Defendants object to the late‐filed Opposition, argue they did not receive the Opposition until 4:25 p.m. the day before the Reply was due, and argue the Opposition should not be considered. Defendants cite to Rancho Mirage Country Club Homeowners Ass'n v. Hazelbaker (2016) 2 Cal.App....

Excerpt: ...rdered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Defendant's request for judicial notice is granted. (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...

Excerpt: ...nst Dr. Cacho only. Appearance is required. Oral Argument will take place on January 13, 2022, at 1:30 p.m. The Clerk shall fax a copy of this tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Lloyd Davis within 48 hours. The litigation coordinator is directed to have Lloyd Davis available at oral argument on January 13, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ...

Excerpt: ...iew This is partially a legal malpractice case related to a decedent's estate. Plaintiff alleges that Defendant “undertook probate, accounting, tax and estate work for Mertes as executor of the Decedent's Estate . . . .” (Second Amended Complaint (“SAC”) ¶ 64.) Plaintiff further alleges that Defendant was “well aware that a timely federal Estate Tax Return (Form 706) needed to be filed for the Estate of the Decedent in order to preserv...

Excerpt: ...the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for judicial notice is granted. Defendant Brackett demurs to the tenth causes of action for meal period liability, eleventh cause of action for rest period liability, twelfth cause of action for failure to provide accurate itemized wage stateme...

Excerpt: ... of Court, 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 case...

Excerpt: ...s an employee of DGS, and has been for 20 years. She was in the DGS Office of Human Resources. She is a 45 year old Hispanic woman. Her supervisor at the time in question was defendant Applegate. Plaintiff alleges that Applegate decided to limit Plaintiff's job duties because Plaintiff had a romantic association with a Hispanic man. Plaintiff's job duties included assisting employees to understand their employee rights, status and qualifications....

Excerpt: ...1 and accepted by Plaintiff on May 14, 2021. In April 2021, Ford made offers to compromise pursuant to CCP. § 998 in the amount of $46,831.00, which included reimbursement for the truck plus attorneys' fees of either $7,500 or, at Plaintiffs choosing, an amount set by the Court following a motion for fees. Plaintiff accepted Ford's offer to compromise. Plaintiff seek $30,785.00 in attorneys fees in addition to a "lodestar" enhancement of 0.5, in...

Excerpt: ...nt Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114. Plaintiff has not challenged the request for judicial notice nor does he dispute the truth of the matters in the record including the Notice of Intent to terminate or the records of the administrative appeal including the order issued by the arbitrator Judge Fred Morrison, ret.. The First Amended Complaint was filed following the Court's granting of an anti SLAPP motion con...

Excerpt: ...ployee of the City's Department of Utilities (“DOU”). Plaintiff worked for the City in the 1990's, and resigned in the early 2000's. He was rehired in April of 2011 as a Sewer Service worker. This action arises from conduct that allegedly occurred during Plaintiff's second term of employment with the City. Plaintiff, a man over the age of 40, claims he suffered both harassment and discrimination on account of his age, and discrimination and r...

Excerpt: ...or. Plaintiff filed his Complaint for negligence, negligence per se, and failure to warn against Smith Development on August 21, 2019. Smith Development now moves for summary judgment on the ground that pursuant to Privette v. Superior Court, as the hirer of an independent contractor, Smith Development cannot be liable for an injury to an employee of that contractor as a matter of law. Further, the independent contractor, San Joaquin Drywall, had...

Excerpt: ...Decl. ¶ 3, Exh. 1.) Plaintiff served her response on August 20, 2021, in which she made a demand that Defendants deliver to Plaintiff within 30 days a copy of the Report pursuant to CCP § 2032.610. (Cherny Decl. ¶ 4, Exh. 2.) Defense physician Edward W. Younger, III, M.D., examined Plaintiff on September 8, 2021. (Cherny Decl. ¶ 5.) Dr. Younger's report was due to Plaintiff on September 20, 2021 (30 days after service of the demand). Defendan...

Excerpt: ...echanic employed by EJ. Defendant Ion Sirbu was employed by defendant TWT Express, LLC, and had brought a pick‐up tmck 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 was working under the vehicle. Plaintiff claims to have sustained injuries when the vehicle moved above him. This motion ...

Excerpt: ...perty damages sustained by its insured and insured's passenger in an April 23, 2016, car accident. Defendant was personally served with the Summons and Complaint on December 24, 2018. (ROA 5.) Defendant does not dispute she was personally served. Default was entered against Defendant on January 28, 2019. (ROA 8.) On March 23, 2019, Plaintiff's counsel sent Defendant a letter informing her default had been entered. (Weissman Decl. ¶ 6.) Default j...

Excerpt: ...NTED. Pursuant to Code of Civil Procedure § 583.210, "the summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed." (Code Civ. Proc. § 583.210(a).) If service is not completed upon a party within the three years, "the action shall not be further prosecuted and no further proceeding...

Excerpt: ...ffs' request for judicial notice is granted. By way of the instant motion Defendants seek an order compelling Plaintiffs Wilson and Hughes to provide further responses to their Form Interrogatory No. 17.1 (set two) as it relates to their Requests for Admissions Nos. 2‐225, and for Plaintiff Hughes to provide further responses to Form Interrogatory No. 17.1 (set three) as it relates to Requests for Admissions Nos. 350, 351, 356, 360, 364, 365, 3...

Excerpt: ...re/Medicaid, the motion is DROPPED for defective service. California Rules of Court Rule 3.1346 provides: “A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or elec...

Excerpt: ... the premises of Defendant Whole Foods Market in Folsom and slipped and fell on an unknown food/liquid substance. (Complaint, p. 4.) On September 2, 2021, Plaintiff propounded Amended Special Interrogatories, Set No. 8 (“Amended Set No. 8”), consisting of 14 questions, on Defendant. (Black Decl., ¶ 3.) Defendant served responses on October 5, 2021. (Id., ¶ 4.) Plaintiff argues all of Defendant's responses were deficient in that none of the ...

Excerpt: ...quest for production and to compel compliance are ruled upon as follows. Defendants' unopposed request for judicial notice is granted. Defendants filed two separate motions directed to both Plaintiffs' responses to its request for production though it has filed a single memorandum of points and authorities and Plaintiffs have filed a single opposition. Therefore, the Court will address both motions in a single ruling. In this action Plaintiffs al...

Excerpt: ...gainst Winco on March 4, 2019, alleging premises liability and general negligence. On April 15, 2019, Winco filed a crosscomplaint against City Wide Property Services, Inc. (“City Wide”) for indemnification, apportionment of fault, and declaratory relief. On May 16, 2019, Riddex filed a Doe Amendment to her Complaint, adding City Wide as Doe 1. City Wide now moves for summary judgment as to Riddex's Complaint on the grounds that there are no ...

Excerpt: ...�) allege several medical providers at Dignity Health dba Woodland Memorial Hospital and Dignity Health dba Mercy General Hospital were negligent in their care and treatment of Mr. Dodge leading him to suffer severe and permanent spinal injury, among other injuries. One of those providers, Dr. Khalil, now moves for summary judgment/adjudication on grounds that (1) there is no triable issue of material fact that he complied with the applicable sta...

Excerpt: ...te of Ryan Hendricks, against Defendants Aaliyah Bouchelaghem, Tahar Bouchelaghem, and Lurenda Schafer (“Ms. Bouchelaghem,” “Mr. Bouchelaghem,” and “Ms. Schafer,” respectively; “Defendants,” collectively). As relevant to this matter, Plaintiff alleges Mr. Bouchelaghem negligently entrusted Ms. Bouchelaghem, his daughter, to drive his 2009 Nissan Maxima. On October 21, 2019, Ms. Bouchelaghem caused the vehicle to collide with Deced...

Excerpt: ...or TRO/OSC on December 17, 2021. Plaintiffs were ordered to file any opposition by December 30, 2021. Plaintiff Rezar Properties, Inc., et al filed a complaint alleging causes of action Judicial Foreclosure pursuant to CCP § 726, Breach of Contract, Fraudulent Conveyance, and others. Plaintiffs allege that Borrower (Auburn Ravine Venture) is indebted to Lenders under a promissory note entitled “Interest‐Only Period Fixed Rate Note” (the �...

Excerpt: ... 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Background This is a wage and hour action brought by Plaintiff Courtenay Arneson (“Plaintiff”) on behalf of similarly situated current and former employees of Defendant Bahn Thai, Inc. (dba Thai Basil Café / V...

Excerpt: ...n (“Defendants”). According to Plaintiff's First Amended Complaint (“FAC”), Plaintiff and similarly situated employees (“Plaintiffs”) worked for Defendants as non‐exempt employees. (FAC, ¶ 18.) Plaintiff in particular worked as a material handler and forklift operator. (Ibid.) Plaintiffs regularly worked over 8 hours a day and/or 40 hours per week, incurring overtime and were paid non‐discretionary remuneration such as bonuses. (...