Excerpt: ... of summons is ruled on as follows. The notice of motion does not provide the correct department or the time for hearing of this matter, which is 9:00 a.m. in Dept. 54 and not 2:00 p.m. in Dept. 53. Moving defendant is directed to contact opposing counsel and advise him/her of the correct department and the time for hearing of this matter. If moving defendant is unable to contact opposing counsel prior to hearing, moving defendant is ordered to a...

Excerpt: ...or of Defendant Akiba E. Green, D.O. (Dr. Green). In the underlying 12/07/18 order granting summary judgment, the court wrote: This is a medical malpractice case. […] The complaint contains allegations that Plaintiffs were injured when Bridges, the Minor's mother, gave birth to the Minor while under Dr. Green's care. The complaint contains two causes of action for medical negligence and a cause of action for emotional distress. The key allegati...

Excerpt: ...er real property. Plaintiff essentially claims that the Note between herself and the Iseleys for the face amount of $75,000 was not supported by consideration and that the amount stated in a Notice of Default (“NOD”) was overstated, rendering the NOD void and that in any event she was not in default and the Defendants created the circumstance which resulted in her being unable to make payments. The Court notes that Plaintiff filed a first ame...

Excerpt: ... Plaintiff Travelers Property Casualty Co.'s (“Travelers”) complaint is ruled upon as follows. The Court did not consider the Declaration of Mark R. Swartz (“Swartz Declaration”) since the Court does not consider such extrinsic evidence in ruling on a demurrer. The Court observes that attached to the Swartz Declaration are Exhibits A‐C that may be subject to judicial notice. Defendants, however, have not requested judicial notice. Exhib...

Excerpt: ...Background Plaintiffs in pro per's 2AC is on a Judicial Council Form which purports to assert a single claim for an unspecified “intentional tort” against Defendants. It is alleged that following a foreclosure sale of plaintiffs' home on 11/20/2017, Defendants were supposed to distribute surplus proceeds in early February 2018 and even notified plaintiffs the funds would be mailed out by the first week of February 2018. However, according to ...

Excerpt: ...body parts claimed to be injured in this action. Defendants have shown in their opposition that they withdrew the subject subpoenas on February 25, 2019. There is nothing for the Court to quash and the motion is moot as to the request to quash. Citing to Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare (2007) 148 Cal.App.4th 390, 408, Plaintiff argues that even though the subpoenas were withdrawn after the motion was filed, the motion is...

Excerpt: ...ges because the fraud claim is insufficiently pled as argued in its demurrer. However, since the Court has concluded that the fraud claim was sufficiently pled, the motion to strike punitive damages must be denied for the same reasons the demurrer was overruled. (See, e.g. Johnson v. Ford Motor Co. (2005) 35 Cal. 4th 1191.) Fraud is a cause of action which provides a basis for punitive damages. Civil Code § 3294. The Court need not address wheth...

Excerpt: ...n the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) Except as provided by statute, a motion for judgment on the pleadings is analyzed like a general demurrer. (Cloud v. Nor...

Excerpt: ...rt has adopted the following procedure for hearings in department 53 for self‐represented incarcerated parties. The clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to plaintiffs within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. T...

Excerpt: ...e ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to comply with CRC Rule 3.1113(f). Factual Background This is a declaratory relief action whereby plaintiff, a financial advisor, seeks to invalidate the restrictive non‐co...

Excerpt: ...f alleges that he was “was injured in his health, strength and activity, sustaining injury to his body and shock and injury to his nervous system and person, all to his detriment, all of which injuries have caused, and continue to cause Plaintiff mental, physical and nervous pain and suffering.” Defendant propounded 112 special interrogatories with a number of photographs attached. The photographs depict Plaintiff in a variety of situations, ...

Excerpt: ...or cuff. Defendants seek summary judgment on the basis that Plaintiff cannot show that her injuries were caused by the incident. Defendants' separate statement includes the following. Defendant Thebeau was acting in the course and scope of his employment for Defendant Armstrong Plumbing, Inc. at the time of the incident. Plaintiff contends the incident caused low back and left shoulder symptoms, including a compression fracture at L5 and torn rot...

Excerpt: ...: o Kozka Decl: Nos. 6, 7, 18 Plaintiff's Evidentiary Objections ‐ Overruled: Nos. 1‐3, 7 The Assembly's request for judicial notice of the Joint Rules of the Senate and Assembly is GRANTED. On April 15, 2007, Plaintiff began working as a photographer/cinematographer at the Broadcast Service Unit within the Member Support and Outreach Division of the Republican Caucus. (UMF 1‐2, 7.) Plaintiff's primary duties were taking and editing photogr...

Excerpt: ...rting Agencies Act (Civ. Code § 1785.1, et seq.), violation of the Consumer Legal Remedies Act (Civ. Code § 1750, et seq.), violation of Bus. & Prof. Code § 17200 and for declaratory relief. Plaintiffs have alleged that Defendant failed to issue post‐repossession Notices of Intent to Dispose of Property that strictly complies with statutory requirements and also unlawfully assesses deficiency balances. Defendant seeks to compel Plaintiffs' i...

Excerpt: ...mination in violation of public policy. At issue on this motion are Plaintiff's responses to requests for production nos. 1, 8, 10 ‐11, 12‐15, 22‐24, and 73. With respect to requests 1, 8, 10‐11, 12‐15 and 73, which sought documents related to Plaintiff's employment with Defendant and communications she has had with others related to the claims in this action, Plaintiff interposed various objections but also indicated that subject to th...

Excerpt: ...dure §583.310 and §583.360 since plaintiff failed to bring this action to trial within five (5) years. Coupled with the lack of opposition which is construed as a concession on the merits, this court will grant the motion to dismiss. Code of Civil Procedure §583.310 provides in its entirety: “An action shall be brought to trial within five years after the action is commenced against the defendant.” California law clearly holds that the fiv...

Excerpt: ...ate. Any request for oral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Defendants Windsor Sacramento Estates, LLC dba Windsor Care Center of Sacramento (“WCCS”) and S&F Management Company, Inc.'s (“S&F”)(collectively “Defendants”) Petition to Compel Arbitration is ruled upon as follows. Co‐Defendants Lawrence Feigen, Lee Samson (collectively “Managing Defendants”), and Windsor Haysac Hol...

Excerpt: ...ment must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiffs General Charles E. Yeager (Ret.) and Victoria Yeager's (collectively “Yeagers”) motion to tax costs is ruled upon as follows. Overview This is a legal malpractice action brought by the Yeagers. According to the First Amended Complaint ("FAC"), Defendants represented them beginning in or about June 2009. The Yeagers breached their fee agreemen...

Excerpt: ...n, which were filed conditionally under seal, remain under seal in their redacted form as filed. Plaintiffs contend the redactions protect Plaintiffs' private financial information and Defendants' trade secrets. Under California Rules of Court, Rule 2.551, a record must not be filed under seal without a court order. (Cal. Rule of Court, Rule 2.551(a).) The Court may order that a record be placed or filed under seal if it expressly finds that: (1)...

Excerpt: ...aintiff filed this action to recover damages for: (1) violation of Business & Professions Code §§ 14200 et seq. (Model State Trademark Law/Trademark Infringement); (2) trade name infringement; (3) violation of California's Anti‐Phishing Act of 2005; and (4) unfair competition. Plaintiff served requests for production, set one, on Defendant on March 27, 2018, and received responses on May 24, 2018. The parties met and conferred regarding furth...

Excerpt: ...ral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiff's motion to compel third‐party Alta California Regional Center's (“ACRC”) compliance with subpoena duces tecum is UNOPPOSED and is GRANTED. This is an action for Dependent Abuse (W&I Code 15600 et seq.) and Violation of Resident's Bill of Rights. The action is brought by Plaintiff Kara Hagstrom ("Kara" or "Plaintiff&#...

Excerpt: ...eeding in pro per. On June 6, 2018, this Court granted Defendant's three motions to compel. Plaintiff was ordered to serve verified responses, without objections, to Defendant's form interrogatories, special interrogatories, and requests for production on or before June 16, 2018. Plaintiff has failed to comply with these Court orders and Defendant now moves for issue, evidence, terminating, contempt, and/or monetary sanctions in the sum of $935 a...

Excerpt: ...endant Vrame is CRLLC's managing member. Plaintiff alleges causes of action for breach of contract, fraud, and negligent misrepresentation. In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991...

Excerpt: ... Any request for oral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** The motion of Defendants Hartford Fire Insurance Company (“Hartford”), Matt Murphy (“Murphy”), and James Sweetman (“Sweetman”) for summary judgment, or in the alternative summary adjudication, as to the First Amended Complaint (“FAC”) of plaintiff Michael J. Widner (“Widner”) is granted in part and denied in part as set...

Excerpt: ...made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiff Reviver Financial, LLC, successor in interest to CNU of California, LLC dba Net Credit's motion for summary judgment is ruled upon as follows. This is an action for breach of contract and common counts. Plaintiff is a debt buyer. Plaintiff alleges that it purchased the loan between Defendant Daniel Hudson and CNU of California, LLC dba Net Credit. Plaintiff alleges that Def...