Excerpt: .... (“Defendant”) between April 24, 2015 and November 12, 2021. According to Plaintiff's First Amended Complaint (“FAC”), Defendant operated a labor supply business serving public school districts in Sacramento County and throughout California. (FAC, ¶ 15.) Plaintiff alleges, among other things, (1) Defendant maintained payroll policies and practices that unlawfully deny compensation for involuntarily forfeited meal breaks and rest breaks;...

Excerpt: ...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 access Lexis at the law library to prepare for the oral argument. Plain...

Excerpt: ...uired 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 appear at the hearing by Zoom or by telephone. BACKGROUND Plaintiff Scalzi is a real estate broker with Sacramento Commercial Properties and a broke...

Excerpt: ...le 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 The underlying action is a representative action under PAGA on behalf of Plaintiff and certain individuals who are employed or were employed by Defendant Talley, Inc. (“Defendant”) and any subsidia...

Excerpt: ... 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 appear at the hearing by Zoom or by telephone. *** If oral argument is requested, the parties must at the time oral argument is requested notify the cler...

Excerpt: ... 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 alleged that Defendants represented them in an underlying action which they contend was settled for an unreasonably low amount....

Excerpt: ...ty 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. *** Factual Background This lawsuit arises out a variety of disputes relating to numerous real estate investments plaintiffs made with defendants dating back to 2012. Plaintiffs describe defendants as real estate professionals claiming to have de...

Excerpt: ...cial notice is granted. In this action, Plaintiffs allege that they are officers and directors of Sacramento A‐1 that were engaged in the process of selling the company's assets. They allege that the relied on Defendants, their insurance brokers to obtain ongoing Directors & Officers insurance coverage after the sale of the company's assets. Plaintiffs allege that they believed that they were obtaining six years of “runoff coverage” to cove...

Excerpt: ...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. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Overview This action arises out of an alleged business venture relating to the cultivation cannabis in Mendocino County, California. Disputes among the involved p...

Excerpt: ...ies, 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 “Note”). The Note, dated January 6, 2020, was executed by Borrower in favor of Lenders, in the original maximum principal a...

Excerpt: ...ynarcik, Scott and Metzka. In 2010 a judgment of nearly $1.35 Million was entered against the defendants but it was later amended to over $1.58 Million. Shortly thereafter Pahrump 161 LLC filed for Chapter 7 bankruptcy protection in Nevada. In late 2010 the original judgment creditors sought to have the amended Nevada judgment domesticated here in California and despite being personally served with this 2010 application to domesticate the amended...

Excerpt: ...eferenced 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 access Lexis at the law library to prepare for the oral argument. Plaintiff states that due to the Covid outbreak he has no physical access to the law library and can only do research on a "paging ...

Excerpt: ...ard of care at all times, and that Plaintiff Teresa Dodge's loss of consortium claim is derivative of Plaintiff Mark Dodge's alleged medical malpractice cause of action and therefore must also fail. Legal Standard In evaluating a motion for summary judgment, the Court engages in a three‐step process. First, the Court identifies the issues as framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment. ...

Excerpt: ...in, 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. The Court will not...

Excerpt: ...ted, on the grounds that his attorney Jan Dudensing did mistakenly fail to respond to any of the papers served by the defense because they were only email served to an old and unmonitored email address, without any mail‐service copies to calendaring staff due to an emergency local rule put in place to halt the spread of the global pandemic.” The notice of motion does not specify the date order the order from which Plaintiffs seek relief. The ...

Excerpt: ...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 Perdue Foods, LLC's (“Perdue”) motion for summary adjudication of Plaintiff's second, third and fourth cause of action is ruled upon as follows. Preliminary Matters Perdue's counsel failed to co...

Excerpt: ...he motion is ruled on as follows. Defendant's request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Defendant argues Mr. Gill is an apex witness and, as such, is not an appropriate deponent because he does not have unique or superior knowledge related to Plaintiff's claims. Further, Defendant alleges that Mr. Gill is not an appropriate deponent because he has no personal knowledge of any relevant subject matt...

Excerpt: ...Plaintiff's favor (first cause of action for malicious prosecution); and (2) Association had probable cause to file its complaint (first cause of action for malicious prosecution). Defendants allege that the undisputed facts demonstrate that the underlying complaint to Plaintiff's cause of action for malicious prosecution was not terminated in Plaintiff's favor, was brought with probable cause, and was not initiated with malice. Defendants allege...

Excerpt: ...ing 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). Plaintiff Fidel Cruz's motion to approve Private Attorneys General Act (“PAGA”) settlement is UNOPPOSED and ruled upon as follows. This is a wage an...

Excerpt: ... two; and request for production of documents, set four. Following the Court's order to meet and confer, Defendant SMF agreed to provide further responses to form interrogatories, set two, no. 17.1 and request for production of documents, set four, no. 53 for all requests for admission. The parties have resolved their dispute as to request for admissions, set one, no. 6, and the corresponding form interrogatory, set two, no. 17.1, and request for...

Excerpt: ...lly provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court.” The proof of service indicates the moving papers were served on the other parties via email on December 8, 2021. Regardless, section 1005(b) requires the motion to be filed and served at least 16 court days before the...

Excerpt: ... employment with Mercy as its Associate Vice President in its Administration Department. Plaintiff contends he was wrongfully terminated while taking protected medical leave and that defendant failed to engage in the interactive process with regard to accommodating plaintiff so that he could extend his medical leave for three additional months. Defendant seeks summary adjudication of the following issues: Issue One: Plaintiffs First Cause of Acti...

Excerpt: ... and American Specialty Healthcare Inc.'s demurrer is entitled "Opposition to Central Valley Specialty Hospital's Demurrer." The FAC alleges claims for dependant/ elder abuse, fraud, and wrongful death arising out of the care and treatment of decedent Ronald Bingham. Hospital contends that all causes of action except wrongful death fail to state facts sufficient to constitute a cause of action and are uncertain. CCP 430.10(e) and (f). Allegations...

Excerpt: ...ively “Plaintiffs”) Third Amended Complaint (“TAC”) is ruled upon as follows. Moving Defendants' request for judicial notice of various recorded documents related to the Deed of Trust and foreclosure proceedings, Bankruptcy Court orders, and this Court's docket is granted. Lack of Service on Plaintiff Joseph F.P. Ramos The proof of service filed for CMS's demurrer and concurrently filed motion to strike state that the moving papers for bo...

Excerpt: ...f fees in order to retain an attorney for this litigation. However, there is no general legal right to counsel in civil suits like this one filed by plaintiff. Factual Background Plaintiff in pro per, an inmate at a correctional facility in Tehachapi, California, commenced this lawsuit on 3/8/2021, purporting to assert causes of action for “fraud,” gross negligence, “takings clause” and dependent adult abuse/neglect against the California...

Excerpt: ...o‐defendant Sunrise Shoes and Pedorthic Service Corporation (“Sunrise”) with the Lease to expire on August 31, 2016. Plaintiff alleges that Tu and other co‐defendants entered into a written Guaranty of Lease Agreement where they agreed to be liable for all of Sunrise's payments and obligations under the Lease. Sunrise, Tu, and the other codefendants are collectively referred to herein as “Defendants.” Sunrise and Plaintiff entered int...

Excerpt: ...usiness of providing aesthetic treatments and cosmetic medical services to the public. (Complaint, ¶¶ 1, 4.) Plaintiff alleges that Defendant negligently performed the laser vain removal procedure and that she was left with a discolored, swollen, bleeding, scabbed, and scared face. (Id., at 2.) Plaintiff alleges that, on or about January 10, 2020, Plaintiff engaged Defendant to perform vein therapy services to remove unwanted small, facial vein...

Excerpt: ...t 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). Plaintiff Walter Scott's motion to approve Private Attorneys General Act (“PAGA”) settlement is UNOPPOSED and GRANTED. This is a wage and hour PAGA action brought by Plaintiff on behalf of similarly situated in...

Excerpt: ...nts, including moving defendant, were negligent in the medical care of the decedent and caused her death on March 9, 2019. (Complaint ¶ 8.) Plaintiffs allege a single cause of action for “Medical Negligence and Wrongful Death.” This matter has not yet been set for trial. Dr. Sadik moves for summary judgment, or summary adjudication, on the grounds that there was no physician‐patient relationship and Dr. Sadik's decision‐making and clinic...

Excerpt: ...ent. With respect to punitive damages, Plaintiffs allege: “that at the time of the negligent acts and omissions complained of herein. Defendant, DANIEL IHRIG, willfully and deliberately operated a motor vehicle while on his cell phone/electronic device and in a dangerous and reckless manner. Plaintiffs further allege that all of Defendant, DANIEL IHRIG'S actions, as described herein, were committed knowingly and intentionally, and with a reckle...

Excerpt: ...rocedure § 382, California Rules of Court, Rule 3.769.) In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequ...

Excerpt: ...�The State of California” (“State”) in which the State would purchase personal protective equipment (“PPE”) for a total price of $799,015,000. Plaintiff did not receive any advance payments on the contract. At or around the same time, the State entered into contracts with least two other providers for the purchase of PPE, BYD Motors (“BYD”) and Blue Flame Medical, LLC (“Blue Flame”). Plaintiff is informed and believes, that BYD ...

Excerpt: ...lle Elledge's (“Elledges”) demurrer to Plaintiff Leonard C. Jones, Administrator of the Alegrie Davis Estate' (“Jones”) complaint is ruled upon as follows. This is an action for breach of contract and declaratory relief. Jones alleges that on December 31, 2019, the Elledges entered into a written agreement (the “Agreement”) whereby they agreed to purchase real property ("Property") from Jones. Jones alleges that the Elledges “unlawf...

Excerpt: ...ruck. While Plaintiff was under the trailer, Defendant Ion Sribu allegedly started the truck and almost ran Plaintiff over, causing injury to Plaintiff. Defendant Ion Sribu was allegedly acting within the scope of his employment as a truck driver for Defendant TWT Express, which is owned by Victor Tigan. (Compl. ¶ 10.) The incident allegedly occurred on or about June 19, 2018. On November 5, 2021, Plaintiff issued a deposition subpoena to the De...

Excerpt: ... alleges causes of action for negligence, strict liability (failure to warn), strict liability (design defect), fraudulent concealment, and breach of implied warranties. He alleges that he was diagnosed with Chronic Myelogenic Leukemia ("CML") in 2000. He alleges that the defendants' products caused his disease. Mr. Villanueva's wife, Seanne Villanueva, alleges a cause of action for loss of consortium. In this action, “[i]n order to investigate...

Excerpt: ...e pleading alleges one cause of action for subrogation: “the insured had a policy of insurance with Plaintiff covering the damages which are the subject of this action. As required by both the policy and Plaintiffs duty of good faith and fair dealing with its insured, Plaintiff investigated the loss, determined it was covered and paid the claim. The total loss was $28,906.17. Plaintiff now seeks subrogation of its payment (and recovery of any u...

Excerpt: ...ervices of Defendant “to amend as Settlor the Ruzir Family Trust” and to represent her in regards to the estate of Plaintiff's father Peter G. Ruzir, Jr. who died on July 24, 2010. (FAC, ¶ 10.) Decedent instructed Defendant that it was her intention to benefit Plaintiff “by the transfer of Decedent's remaining trust property by her named Successor Trustee, Judy Martin [“Martin,” Decedent's niece], of her revocable living trust.” (Id....

Excerpt: ...l 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 ID is: 841 204 6267. To appear on Zoom by phone...

Excerpt: ...fendant violated various provisions of the Labor Code and certain Wage Orders by failing to pay overtime, failing to provide meal and rest periods, failing to pay minimum wages, failing to pay wages upon termination, failing to timely pay wages during employment, failing to provide complete and accurate wage statements and pay records, and failing to reimburse necessary business expenses. (ROA 1) There are no other allegations in the complaint. P...

Excerpt: ... Plaintiff alleges causes of action under FEHA for disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation and failure to prevent discrimination, harassment and retaliation. She also alleges a cause of action for wrongful termination in violation of public policy and defamation. Plaintiff alleges that she had been employed for over ten years and was Defendant's preschool director. She alleges t...

Excerpt: ...r, alternatively, to declare all renewals invalid as renewals were of the wrong judgment is ruled on as follows. Judicial Notice Harrison's Request for Judicial Notice (“Harrison RJN”) and Rushing's Request for Judicial Notice ("Rushing RJN") of documents in the Court's file, including Harrison's Request for Judicial Notice of the Register of Actions in this case, are GRANTED. In taking judicial notice of these documents, the Court accepts th...

Excerpt: ...they should have designated on the initial designation on a topic reasonably anticipated to be in dispute. The motion is ruled on as follows. This action arises from a dog bite incident involving Plaintiff Arianna Hedding‐Kelton at the home of Defendants Oscar and Monica Madrigal. Pursuant to Code of Civil Procedure section 436, a court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all o...

Excerpt: ...defendant's 10 Undisputed Material Facts and/or objections to evidence and which of plaintiff's 17 Additional Material Facts 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. *** District's counsel failed to comply with CRC Rule 3.1350(b), requiring that issues presented for summary adjudication be...

Excerpt: ...amended complaint, which warrants summary judgment on the first cause of action for dangerous condition of public property pursuant to Government Code section 835. Defendant contends that, since Plaintiffs cannot establish liability pursuant to Government Code section 835, the second cause of action for liability pursuant to loss of consortium/negligent infliction of emotional distress warrants summary judgment. Legal Standard In evaluating a mot...

Excerpt: ...ghout the United States. Plaintiff is a former employee of Defendant. On April 17, 2019, Plaintiff filed a Class Action Complaint for Damages. On May 15, 2019, Plaintiff filed a First Amended Class Action Complaint for Damages & Enforcement Under the Private Attorneys General Act, California Labor Code § 2698, et seq. ("Operative Complaint"). Plaintiff's core allegation is that Defendant has violated the California Labor Code by engaging in a un...

Excerpt: ...ty, she was on 9/7/2020 admitted to defendant ESS' residential care facility for the elderly, “The Splendor of Carmichael at Palm” (“Splendor”). Due to a variety of medical conditions including being legally blind, auditory impairment, hypertension, a depressive disorder and frailty, Darbison required assistance with various daily activities including bathing, dressing, grooming, eating, walking, etc. to avoid the risk of fall and injury....

Excerpt: ...entative 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). Defendants' request for judicial notice is granted. Defendants general demur to Plaintiff's SAC, consisting of Plaintiff's first cause of action for violation of the Unruh Civil Rights Act and second cause of action for violation of Civil Code section 51.5, on grounds ...

Excerpt: ...party within 48 hours of receipt. The hearing date shall automatically be continued for oral argument. The continuance date will always be an “Appearance Required” hearing so that the self‐represented party need not request oral argument. The Litigation Coordinator shall make the self‐represented party available by Zoom at 9:00 a.m. on the date of the continued hearing date, which will be 1/4/2022, to participate in oral argument. Departm...

Excerpt: ... construct gas processing facilities and CEE agreed to purchase natural gas from Plaintiff. Disputes subsequently arose over a variety of matters including but not limited to the construct the facilities, the quality of the gas being produced, and Plaintiff's obligations to pay. As issue here is Plaintiff's cause of action for reimbursement under B&P Code § 7031 (b). CEE has filed a Verified Cross‐Complaint against Plaintiff. Plaintiff seeks t...

Excerpt: ...eorge Ben Godinez (“Plaintiff”) is an insurance salesman who worked for Defendants. He alleges that Defendants failed to properly compensate him. (See generally, Second Amended Complaint, “SAC”.) The SAC asserts causes of action for: (1) Breach of Contract, (2) Defamation, (3) Tortious Interference with Business Relationship, (4) Intentional Interference with Prospective Economic Relations, (5) Negligent Interference with Prospective Econ...

Excerpt: ...painting and wall‐covering contractor. (Complaint, ¶ 6.) According to Plaintiff's Complaint, Plaintiff and other non‐exempt employees for Defendant were responsible for all aspects of painting and wall covering services according to work order and safety standards. (Id., ¶ 10.) Plaintiff alleges that Defendant failed to provide accurate written wage statements (id., ¶¶ 24‐28), failed to reimburse necessary business expenses (id., ¶¶ 2...

Excerpt: ...ird Amended Complaint (“Amended Complaint” or “TAC”), Defendant Condie (“Condie”) is a real estate agent who was employed by Defendant H and M Re Holdings, Inc. DBA New Vision Realty Group (“New Vision”). (TAC, ¶¶ 7, 8.) United Global LLC is a limited liability company, managed and indirectly owned by Mark Evans (“Mr. Evans”) and Renee Evans (“Mrs. Evans”). (Id., ¶ 2.) On February 16, 2016, Condie assisted Defendant Uni...

Excerpt: ...ding anti‐aging procedures such as botox fillers and laser treatments. (Complaint, ¶ 13.) Beginning around 2016, Defendant asked Plaintiff if he would like to enter into a business arrangement with her, an opportunity Plaintiff rejected. (Id., ¶ 15.) In March 2017, Defendant informed Plaintiff that her business was failing and inquired into Plaintiff's desire to assume her office space lease. (Id., ¶ 16.) Induced by Defendant's assurances to...

Excerpt: ...t employee and thus violated certain Wage Orders and the Labor Code by, for example, failing to provide itemized wage statements, pay overtime, provide meal and rest breaks, and more. Plaintiff moves for summary adjudication of Defendant's tenth affirmative defense in Defendant's answer to Plaintiff's First Amended Complaint (“FAC”). Plaintiff asserts that Defendant's tenth affirmative defense to Plaintiff's FAC fails to allege a valid defens...

Excerpt: ...the Elk Grove Tribune and the owner of the internet blog Chronicles Blog & Adoption Ministry. (Complaint, ¶ 6.) The Elk Grove Tribune is an internet‐based news publication and a resource for local and community news, community events, and support for local businesses. (Id., ¶ 7.) Defendant is a former writer for the Elk Grove Tribune who ceased contributing content to the publication on July 22, 2020. (Id., ¶ 8.) On September 2, 2020, Plaint...

Excerpt: ...on arises from a business partnership dispute involving 8 real estate projects in Sacramento County. Plaintiffs Ericson Real Estate LLC, Scott Ericson (“Mr. Ericson”), and Trisha Ericson (collectively “Plaintiffs”) allege that Defendants 3 Point, Chris MacPhail (“Mr. MacPhail”), and Dorothy MacPhail surreptitiously took profits belonging to the partnership for their own personal gain. Among other things, Plaintiffs allege that the Mac...

Excerpt: ...order after final judgment, is made that is appealable under this title. Pursuant to CCP 632, the request for a statement of decision shall specify those controverted issues as to which the party is requesting a statement of decision. The request filed by petitioner did not specify the controverted issues of fact that on which petitioner seeks a statement of decision. On or about August 19, 2015, Hilbers and Roofco entered into a written subcontr...

Excerpt: ...lectively “Sprague Plaintiffs”) as Vexatious Litigants is UNOPPOSED and is ruled upon as follows. Defendants contend that the Sprague Plaintiffs are vexatious litigants as defined by CCP §391(b)(2) which provides: “After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to...

Excerpt: ...2018, Defendant conducted a workplace investigation following Plaintiff's complaints. (Grunwald Decl., p. 1, ¶3.). Plaintiff seeks unredacted documents concerning the investigative report prepared by a third party investigative law firm on behalf of Defendant CADA as well as other investigation‐related documents. (Ibid.) Plaintiff seeks an order compelling further responses to Requests for Production Nos. 1‐6 from defendant. The responses to...

Excerpt: ...plaintiff and/or the Additional Material Facts offered by defendant will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Plaintiff Citizens Insurance Company of America's (“CICA”) motion for summary judgment, or in the alternative, summary adjudication against Defendant Golden Eagle Insurance Co. (“...

Excerpt: ...aw action pursuant to an accepted California Code of Civil Procedure § 998 offer and the Song‐Beverly Consumer Warranty Act ("SBA"), Cal. Civ. Code § 1794(d). Plaintiff requests an Order awarding attorneys' fees, costs, and expenses in the total amount of $39,480.44. This amount consists of (1) $25,551.50 in attorney fees for Strategic Legal Practices, APC ("SLP"); (2) a 1.35 multiplier enhancement on the attorney fees (or $8,943.03); (3) $1,...

Excerpt: ...laintiff alleges only one claim for premises liability against Eskaton. The claim arises out of plaintiff's transport on premises owned by moving defendant. Plaintiff alleges she incurred injuries as a result of Co‐ defendant Falck paramedics dropping her during transport due to the alleged failure to use a four‐ person transfer. The allegations that the incident occurred in Eskaton's parking lot do not connect the injury to Eskaton's Defenda...

Excerpt: ... motion matters. *** Defendant Sacramento Metropolitan Fire District's (“District” or “Metro Fire”) demurrer to Plaintiff Medic Ambulance Service, Inc.'s (“MAS” or “Medic”) second amended complaint is ruled upon as follows. I. Overview This action arises from the District's rejection of all proposals for Request for Proposal 19:04 (“RFP”). MAS alleges that it was the lowest, responsive, responsible proposer. a. MAS' initial co...

Excerpt: ...J. Lynch, D. Gonzalez, A. Reilly, T. Stanfield, N. Romney, J. Bowman, D. Conden, C. Houghland, and S. Prasad's (collectively, “Defendants”) motion for judgment on the pleadings is UNOPPOSED and is ruled upon as follows. Defendants request for judicial notice is unopposed and granted. Plaintiff in pro per Larry Jacks (“Plaintiff”), an inmate housed at a California State Prison, filed the Complaint on May 20, 2021, alleging 17 causes of act...

Excerpt: ...tember 28, 2020. The FAC alleges Defendant concealed his positive HIV status from Plaintiff and engaged in unprotected sexual intercourse transmitting HIV to Plaintiff. The FAC alleges causes of action for breach of statutory obligations, negligence, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, exemplary damages, and breach of contract. Defendant filed his Answer to the FAC on March 4, 2021, a...

Excerpt: ... a double amputee living at Eskaton Care Center. (SAC ¶ 4.) She alleges that on December 29, 2017, she was scheduled to be transported to Kaiser for a medical appointment. Plaintiff alleges that she is unable to self‐ambulate and requires assisted transportation to and from the care facility. (Id.) Plaintiff alleges that Defendants Care Ambulance and/or Falck Northern California Corp. were the usual carrier for her transportation. (Id. ¶ 5.) ...

Excerpt: ...stline's request for judicial notice of various recorded documents related to the Deed of Trust and foreclosure proceedings and Bankruptcy Court orders is granted. Factual Background This is a wrongful foreclosure case which was commenced on 10/30/2019. According to the TAC, Schroeder purchased the subject property in 1993 and then re‐financed her mortgage in 2008 with a $455,000 loan from Accredited Home Lenders, Inc., not a party to this suit...

Excerpt: ...h Plaintiff Mahmoud Khattab. M.D. (“Dr. Khattab”) and Plaintiff 9250 Big Horn Holdings, LLC (“Big Horn”) entered into a construction agreement with Defendants and Sheba Construction, Inc. (“Sheba Construction”), whereby Defendant would serve as the project developer for the building's construction and Sheba Construction would act as the general contractor. The instant motion concerns a subpoena issued by Plaintiffs to non‐party Ibra...

Excerpt: ... Plaintiff's counsel confirmed Plaintiff's availability to appear for deposition on September 15, 2021. (Sullivan Decl. ¶ 2, Exh. A.) Defendants served a Notice of Deposition that same day. (Sullivan Decl. ¶ 2, Exh. B.) On September 2, 2021, Defendants served instructions for the parties to appear remotely at deposition. (Sullivan Decl. ¶ 3, Exh. C.) On September 13, 2021, defense counsel confirmed with Plaintiff's counsel's office that Plaint...

Excerpt: ...ood vendors, and samples of local beer and wine. At the event a large tree limb fell on plaintiff Steven Bralley (“Plaintiff”) when he was sitting under a large Valley Oak, which caused him to sustain injuries and rendered him a paraplegic. The tree in question has been identified by the District as “Tree 1051.” Plaintiff and his wife, Dana Bralley (collectively, “Plaintiffs”) filed their Complaint on June 27, 2019, against the Distri...

Excerpt: ...e per se. Plaintiff alleges that on August 8, 2017, she was attacked by a dog owned by Defendants while the dog was being walked in her neighborhood. She alleges that Defendants were aware that the dog was vicious. In evaluating a motion for summary judgment or summary adjudication the Court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for...

Excerpt: ...on was conducted pursuant to a Memorandum of Understanding (“MOU”) between Respondent and Doe 1. The arbitration consisted of Doe 2's appeal of his termination from his employment with Respondent. Respondent terminated Doe 2 following an investigation which led to 23 sustained allegations of violating criminal statues and more. (Tyra Decl. ¶ 5, Exh. B.) The Arbitrator was mutually selected by the parties pursuant to the MOU. (Id. ¶ 10.) The...

Excerpt: ...urt, rule 3.769(g).) This is a wage and hour class action. Plaintiff Tiffany Henderson, individually and on behalf of a putative class of 414 nonexempt, non‐union employees who were employed at one of Defendants' Valley Recovery facilities in California, and Defendants, have agreed to settle this wage and hour class action for $720,000. Defendants are the corporate owners and operators of a group of five "Valley Recovery Centers" located in Sac...

Excerpt: ... for relief is not included in the notice of motion. Legal Standard In evaluating a motion for summary judgment, the Court engages in a three‐step process. First, the Court identifies the issues as 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 (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment/adjudication is ...

Excerpt: ...iring a party opposing summary judgment to file a “Separate Statement” in a particular two‐column format specified in Rule 3.1350(h); state whether that each material fact is “disputed” or “undisputed,” and for each fact claimed to be disputed, state the nature of the dispute and provide a citation to evidence by reference to the exhibit, title, page, and line numbers. Defendants' “Objection to Motion for Summary Judgment” fails...

Excerpt: ...on 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. *** CSAA's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is an insurance bad faith action that was commenced in October 2018. Plaintiff alleges that she is severely hearing impaired and her primary means of communication with others is American Sig...

Excerpt: ...oral argument is permitted on law and motion matters. *** Overview This action arises out of an alleged business venture relating to the cultivation of cannabis in Mendocino County, California. Disputes among the involved parties have arisen and in his complaint, plaintiff asserts causes of action against various defendants for Fraud, Conversion, Breach of Contract, Breach of Fiduciary Duty, Common Counts, Declaratory Relief, Accounting and viola...

Excerpt: ...'s tentative ruling system as required by Local Rule 1.06(D). Cross‐Defendant is ordered to notify parties immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event another party appears without following the procedures set forth in Local Rule 1.06(B). Cross‐Defendant's request for judicial notice is granted. The cross‐complaint in this action was filed on July 31, 2019. (ROA 47.) C...

Excerpt: ...d Moving Papers. Petitioner Department is part of California's Environmental Protection Agency and is authorized to enforce portions of California Food and Agricultural Code (“F&A Code”) as well as to conduct administrative investigations pertaining thereto. Pursuant to this authority Department issued an investigative subpoena to HNL in order to ascertain whether the latter is manufacturing and/or distributing an unregistered pesticide under...

Excerpt: ...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 appear at the hearing by Zoom or by telephone. F...

Excerpt: ...ant Energy Star Lighting & Electric, Inc. ("Defendant") failed to pay overtime wages, failed to provide meal and rest periods, failed to provide accurate wage statements, failed to keep accurate time records, failed to pay final wages, and failed to reimburse business expenses. The Complaint further alleges that Defendants are liable for civil penalties as a result of the alleged violations. Defendants have denied all of Plaintiffs' allegations. ...

Excerpt: ...tion. In granting or denying a motion for summary judgment or summary adjudication, the Court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review. (Code Civ. Proc. § 437c(q) (as amended effective Jan. 1, 2016).) The motion is made on the grounds that Plaintiffs' and Cross‐Complainan...

Excerpt: ...rst Amended Complaint. On October 30, 2020, Plaintiffs filed a Second Amended Complaint that alleges (1) failure to pay overtime wages, (2) minimum wage violations, (3) meal period violations, (4) wage statement violations, (5) waiting time penalties, (6) unfair competition, and (7) PAGA penalties. Defendant Liqui‐ Box Corporation denies the allegations, but the parties were able to reach a compromise. The parties first attempted to settle this...

Excerpt: ... court; and (2) a later detailed review after the period during which notice is distributed to class members for their comments or objections. (Conte & Newberg, Newberg on Class Actions (Newberg) § 11.24 (4th ed. 2002.) This procedure assures class members of the protection of procedural due process safeguards and enables a court to fulfill its role as the guardian of the interests of the settlement class. As required by the Rules of Court, the ...

Excerpt: ...uses of action against Defendant for libel, defamation per se and false light which were all premised on allegations that Defendant posted negative reviews of Plaintiff in December 2020 and March 2021 on Yelp and Google. The Court stated that Defendant was to bring a separately noticed motion for fees. (Id.) Defendant now seeks $37,400 in fees and $228 in costs incurred in connection with the anti‐SLAPP motion and the instant fee motion. The re...

Excerpt: ...under Section 664.6. This is Plaintiff's second attempt to obtain entry of a stipulated declaratory judgment through Section 664.6 in this action. Plaintiff's previous “Request for Entry of Judgment in Accordance with Already Filed Stipulation for Judgment” was denied. (Register of Actions (“ROA”) 34.) In denying that motion, Judge Brown explained, “The file does not include a complete stipulation signed by both parties, or a proof of s...

Excerpt: ...to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant City of Sacramento's (“City”) motion for summary judgment is ruled upon as follows. Overview This is a personal injury action. Plaintiff Paul Moore (“Plaintiff”) alleges that on 7/6/2017 he was walking along the sidewalk of Bruceville Road when he tripped and fell over a collapsed manhole and/or sidewa...

Excerpt: ...as required by Local Rule 1.06(D). Moving counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff/Cross‐Complainant appears without following the procedures set forth in Local Rule 1.06(B). Legal Standard In evaluating a motion for summary judgment or summary adjudication, the Court engages in a three‐step process. First, the...

Excerpt: ...on law and motion matters. *** Plaintiff Sigifredo Perez, Jr.'s (“Plaintiff”) motion to compel Defendant Sierra Mountain Express, Inc.'s (“Defendant”) further responses to request for production of documents (set one) is ruled upon as follows. This is a putative class action and representative action pursuant to the Private Attorneys General Act of 2004, Cal. Lab. Code. § 2698 for various Labor violations. Plaintiff's proposed Class cons...

Excerpt: ...0 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). This action was commenced in December 2020 with a complaint asserting against defendants T&CW LLC; Town and Country West, GP; and Janak Mehtani various claims including but not limited to breach of contract, breach of the covenant of quiet enjoyment, conversion and fraud. Despite being served with the summons & complaint in January 2021, T...

Excerpt: ...hat she was an employee of CDPH who was constructively discharged after a series of conflicts with her supervisor, Dietzen. (See generally, FAC.) The FAC alleges the following causes of action: (1) discrimination based on age under the California Fair Employment and Housing Act ("FEHA"); (2) harassment (FEHA); (3) disparate treatment in violation of public policy; (4) failure to prevent harassment, discrimination, and retaliation (FEHA); (5) reta...

Excerpt: ...ch is not applicable to Defendant Celtic, or, in the alternative, should be stricken because Defendant Celtic failed to timely notice the motion; and (2) other fees requested in item number 16, in the amount of $108.50 on grounds that Code of Civil Procedure section 1033.5 prohibits the recovery of postage costs. Plaintiff filed a notice of non‐opposition to Defendant Celtic's motion for summary judgment, which was granted on August 17, 2021. (...

Excerpt: ...uilder Services Group, Inc. and its predecessor TruTeam of California, Inc. BSGI moves for an order quashing Defendant/Cross‐ Complainant Jeff Cable's (“Cable”) four deposition subpoenas for production of business records, served on Cable's counsel on September 13, 2021, directed to the following non‐parties: (1) Knauf Insulation; (2) Johns Manville; (3) CertainTeed; and (4) Owens Corning Insulating Systems, LLC. BSGI alleges the subpoena...

Excerpt: ...y Plaintiff immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, 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. This is a lawsuit to recover funds from Defendant Khushvir Singh for amounts owed pursuant to an educational loan document executed in 2009. Moving Defendant Swarnjit Sekhon is allege...

Excerpt: ..., “Plaintiffs”) filed a Notice of Non‐Opposition to this motion stating they do not oppose Kindred's motion for summary judgment. Kindred's request for judicial notice of the Complaint in this action and death certificate pertaining to Nhia Vang is granted. Plaintiffs filed this action on January 12, 2021, against Sutter Valley Hospitals dba Sutter Medical Center, Sacramento (“Sutter”) and Kindred. The Complaint alleges a cause of actio...

Excerpt: ...intiffs Prestige Legacy, LLC (“Prestige”) and Cecila Gines' (“Ms. Gines”) (collectively, “Plaintiffs”) motion for preliminary injunction is DENIED. Factual and Procedural Background This is a nonjudicial foreclosure case that was filed on August 25, 2021. Prestige is the owner of real property located at 4625 Parker Avenue, Sacramento, CA 95820 (the “Property”). Ms. Gines is the sole member of Prestige. Ms. Gines contends the Prop...

Excerpt: .... The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be THURSDAY, DECEMBER 9, 2021, to participate in oral argument. To appear on Zoom te...

Excerpt: ...displaying their name and address with return address information that contained the phrase “Prenatal Screening Program.” Plaintiff alleges Defendant disclosed in a common manner Plaintiff's and class members' sensitive and private personal medical information regarding their pregnancy. Specifically, Plaintiff alleges that on or about November 29, 2018, she was pregnant with her first child and underwent a prenatal screening exam that was han...

Excerpt: ... and Jackie Hagen's fifth cause of action for unlawful business practices and unfair competition practices per Business & Professions Code section 17200 alleged in their third amended complaint (“TAC”). The demurrer is ruled on as follows. Defendants specifically demur to the fifth cause of action on grounds that it fails to state facts sufficient to constitute a cause of action. The notice of motion does not provide notice of the Court's ten...

Excerpt: ...ion was “substantially motivated” by a violation of public policy. This action arises out of Plaintiff's termination by Defendant on December 20, 2017. Plaintiff filed his complaint on December 12, 2018. (ROA 1.) On October 8, 2020, the Court granted Plaintiff leave to amend to file his first amended complaint (“FAC”). (ROA 72.) On April 29, 2021, the Court sustained, with leave to amend, Defendant's demurrer to the FAC. (ROA 94.) Defenda...