Excerpt: ...laintiff fails to state facts showing his termination 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 41.) On April 29, 2021, the Court sustained, with leave to amend, ...

Excerpt: ...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&CW LLC chose not to respond to the complaint because it ‘understood it was being sued erroneously.' T&CW LLC's default was entered on 6/10/2021. Moving Papers. On 10/...

Excerpt: ...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. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Defendant Davis' “Response” to the present motion does not comply with CRC Rule 3.1110(b)(1), which requires the date, time and dep...

Excerpt: ...o 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, along with the correct address for Dept. 53/54. 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. Overview This action arises out of plaintiff's purchase of a used vehicle from defendant in July 2020. Plai...

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

Excerpt: ... of the Fair Employment and Housing Act arising out of his employment with defendant. Allegations of FAC Plaintiff alleges that in March 2017, Plaintiff learned from the staff that he supervised about an alleged inappropriate intimate/sexual relationship between Defendant Alvarez, plaintiff's supervisor, and a female subordinate staff member supervised by Plaintiff. In or about March 2017, Plaintiff reported to management his and his staff's conc...

Excerpt: ... Snyder, in which she pleaded a single cause of action for defamation in connection with the termination of her employment. (RJN, Exh. A; ROA 1.) On September 8, 2020, Plaintiff moved for leave to file her FAC to add Neil DeBlock as a defendant and to add causes of action for wrongful termination against public policy (against Zurich only) and violation of the Tom Bane Civil Rights Act. (Civ. Code § 52.1, et seq.) (against all Defendants). (RJN,...

Excerpt: ...of action for "fraud and deceit" in the Cross‐Complaint of Defendant and Cross‐Complainant Sourdough & Co., Inc. on the basis that the conduct giving rise to this cause of action includes the plaintiff's filing of this lawsuit which is alleged to constitute the cross‐complainant's damages. Plaintiffs and Cross‐Defendants Gurpreet Brar, Harman Brar, Amanpreet Toor, Sukhdev Singh and Arvinbrar, Inc. ("Plaintiffs") have brought a complaint a...

Excerpt: ...onal infliction of emotional distress, and negligent infliction of emotional distress. The FAC alleges that Plaintiff had a homeowner's insurance policy with Defendant as the insurer. The FAC also alleges that on July 1, 2016, Plaintiff's house suffered substantial and extensive damage when a large fire started at Plaintiffs neighbor's house, and then spread to Plaintiff's house. Immediately after the fire damage to Plaintiff's house, Plaintiff t...

Excerpt: ...pursuant to Code of Civil Procedure section 430.10(e), (f), and (g) contending the pleading fails to state facts sufficient to constitute a cause of action, is uncertain, and fails to specify whether the alleged contract is written, oral, or implied by conduct. A complaint must contain a statement of the facts constituting the cause of action in ordinary and concise language. (Code Civ. Proc. § 425.10(a)(1).) The complaint must set forth the ess...

Excerpt: ...rs until his involuntary termination on or about November 20, 2020. (Complaint ¶ 17.) Plaintiff's last position was Team Lead and Plaintiff was 55‐years old at the time of termination. (Complaint ¶ 17.) On or about February 22, 2019, Plaintiff suffered a workplace injury resulting in a disabling hernia condition that required modified duty for Plaintiff. (Complaint ¶ 18.) While on modified duty, Plaintiff's supervisor, Ryan Smith, forced Pla...

Excerpt: ...ntal Concepts (“Defendant”). In the instant motion, Plaintiff seeks a protective order requiring that her deposition not be taken in‐person, and that instead be taken using remote technology. Defendant opposes the motion and seeks an in‐person deposition. Request for Judicial Notice Defendant's Request for Judicial Notice, which attaches materials from the Centers for Disease Control website, is unopposed and is granted. (See e.g. Tenet H...

Excerpt: ...§§ 473(b), 473.5, and 473(d). Defendant also seeks to quash service of summons. Plaintiff opposes this motion as untimely and argues Defendant was properly served. CCP § 473(b) Defendant seeks to set aside the default and default judgment pursuant to CCP § 473 (b) “based on inadvertence, surprise, or excusable neglect.” (MPA 3:9‐11.) Defendant does not elaborate what inadvertence, surprise, or excusable neglect supports his motion but r...

Excerpt: ...r alleged pretextual firing. Trial is currently set for March 7, 2022. The Honorable David Brown (Ret.) has been serving as the discovery referee in this action. The Court granted Plaintiffs' prior request to continue the hearing on Defendants' Motion for Summary Judgment (“MSJ”) and moved the hearing from September 2, 2021, to December 15, 2021. Plaintiffs now seek to strike Defendants' MSJ on grounds that Defendants have failed to provide �...

Excerpt: ...ict liability under California Civil Code Section 3342, general negligence, and negligent infliction of emotional distress. Plaintiffs allege a dog attacked minor Plaintiff Arianna Hedding at the backyard of the property located at 8937 Robbins Road, Sacramento, California. Plaintiffs' pleading alleges that Defendants were the dog owners, possessors and/or keepers of a dog that, without provocation, bit minor Plaintiff Arianna Hedding‐Kelton, c...

Excerpt: ...nt to CCP §425.16. (ROA 152, 8/4/2021 Order.) In denying the antiSLAPP motion, this Court found that Parker failed to satisfy his threshold burden to show that Plaintiffs Freidberg Law Corporation and Freidberg & Parker, LLP's (collectively “Freidberg”) Third Amended Complaint arose from protected activity. In so ruling, this Court concluded that Parker had not established that O&C Creditors Group, LLC v. Stephens & Stephens XII, LLC (2019) ...

Excerpt: ...ar degeneration and began receiving injections in his eyes. He alleges that dismissed defendant California Pharmacy and Compounding Center, Inc. (“CPCC”) compounded the injected drug‐‐Bevacizumab‐‐and sold it to Defendant, which administered the injections. Bevacizumab is an "off label use of Avastin." According to Defendant, he received an injection from a syringe that CPCC supplied and that was contaminated with silicone. The contam...

Excerpt: ...allegedly unpaid to Plaintiff, the resident manager of an apartment complex owned by Defendants. Defendants allege Plaintiff was an independent contractor. The special interrogatories at issue are related to Plaintiff's claims seeking to recover penalties under the Private Attorneys General Act and seek contact information for other similarly situated/aggrieved managers. Plaintiff propounded the subject discovery on December 9, 2020. An identical...

Excerpt: ... asked improper legal contention questions. Plaintiff claims that the questions were improper under Rifkind v. Superior Court (1994) 22 Cal.App.4th 1255, but defense counsel disregarded the law and continued to ask improper questions. Plaintiff's motion is brought pursuant to Code of Civil Procedure section 2025.420. Section 2025.420(a) states: “Before, during, or after a deposition, any party, any deponent, or any other affected natural person...

Excerpt: ...dant Board of Trustees of the California State University's (“Board”) demurrer to Plaintiff Angela Sutherland's third amended complaint (“TAC”) is ruled upon as follows. Overview This is a FEHA disability, gender, age discrimination, harassment, retaliation, and failure to accommodate action. Plaintiff also asserts associational disability discrimination, harassment and retaliation due to her daughter's and sister's age, gender and disabi...

Excerpt: ...local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background In this putative class action plaintiff alleges that defendant City supplied and distributed “aggressive, corrosive, and substandard water” which caused properties plumbed with copper piping to experience “pinhole leaks” beginning in July 2020. The 1AC purports to assert five causes of action against City for negligence, nuisance, breach...

Excerpt: ...uail Brook Circle, Elk Grove, California. BC alleges that the oral contract was valued at $24,740 for the original scope of work, plus $8,748.11 in changes of the scope of work. BC contends defendant owes an unpaid balance of $28,934.11.(Complaint ¶¶ 1‐‐16) A mechanics lien was filed January 4, 2021(Carello Decl Ex. B) BC alleges causes of action for (1) Breach of Oral Contract, (2) Enforcement of Mechanic's Lien, (3) Quantum Meruit, (4) Op...

Excerpt: ... not the same as the caption on the original complaint. Plaintiffs' counsel is advised that the caption on the original complaint is the caption which should appear on all subsequent pleadings and this caption ordinarily does not change even with the subsequent addition or dismissal of parties. In addition, it appears that plaintiffs have over the course of this litigation added a number of new defendants but have not utilized the Doe amendment p...

Excerpt: ...fied Services, Inc. employment and termination of Susana Oh's employment based upon her perceived inability to perform essential duties of her work. Approximately four and a half months after her termination, Ms. Oh committed suicide. Ms. Oh's heirs now seek to recover damages against Ms. Oh's former employer, defendant Crossroads Diversified Services, Inc., and her former manager at Crossroads, Zang Fang, for allegedly causing her death. Defenda...

Excerpt: ... Bank and gave a Deed of Trust (“DOT”) as security for payment of the loan. In 2014 plaintiffs obtained a modification of their loan, which modification included a variable interest rate that would adjust annually in August of 2019 through 2023 with the first adjusted payment being due on September 1 of each of those years. In 2018 the loan was assigned to US Bank and in 2019 Mr. Singleton filed for Chapter 13 bankruptcy protection. While the...

Excerpt: ...to the Declaration of William Wright is are overruled. Plaintiff alleges in his Complaint that he was subject to discrimination and harassment in the workplace, and "[a]s a proximate result" of the alleged conduct "[P]laintiff was hurt and injured in Plaintiff's health, strength and activity, sustaining injury to Plaintiff and shock an injury to plaintiffs nervous system and person, all of which have caused and continue to cause Plaintiff severe ...

Excerpt: ...021, 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 Plaintiff Ivan Kilgore within 48 hours. The litigation coordinator is directed to have Plaintiff Ivan Kilgore available at oral argument on November 17, 2021 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) 475‐4...

Excerpt: ...d. This action was initiated by Plaintiff as a borrower on multiple mortgage loans secured by real property located in Sacramento, California. Plaintiff financed the purchase with a first position mortgage loan in the amount of $275,000, secured by a Deed of Trust (the “Senior Lien”) that was recorded on or around June 9, 2006. (Complaint ¶ 12, Exh. A; RJN, Exh. 1.) Plaintiff later obtained a secondary loan in the amount of $30,000 secured b...

Excerpt: ...ous provisions of the County Code. Plaintiff alleges a cause of action for violation of State building and residential codes and County codes and a cause of action for public nuisance. Plaintiff seeks injunctive relief requiring Defendants to obtain the requisite permits or alternatively to remove the structure. This Court has previously overruled a very similar demurrer by Defendants in a related case concerning an ADU on different real property...

Excerpt: ...ind her grabbed her jacket and caused her to fall. She alleges that she suffered severe emotional distress and loss of income as a result of her injuries. On March 16, 2021, this Court granted Defendant's unopposed motion to compel Plaintiff's responses to requests for productions (sets three and four). (ROA 91) Plaintiff was to serve the responses no later than April 6, 2021. On June 17, 2021, After Plaintiff failed to serve the Court ordered re...

Excerpt: ...ue, Sacramento, CA 95820 (the “Property”). Ms. Gines is the sole member of Prestige. Ms. Gines contends the Property is her principal residence and home. According to Defendants (defined below), the Property is a commercial investment property. On or about October 16, 2018, defendant PS Funding, Inc. (“PS Funding”) and Ms. Gines entered into a Loan Agreement, whereby PS Funding agreed to Loan, and Ms. Gines agreed to borrow, certain sums ...

Excerpt: ...n formerly known as Liebert Corporation (“Vertiv”). Specifically, Twitter seeks to have the Court quash a subpoena issued by the Arbitrator at Vertiv's request, vacate two orders of the Arbitrator, enter a protective order limiting further discovery and issuing sanctions against Vertiv. The underlying arbitration relates to a construction project owned by SVO. Vertiv was the general contractor. Vertiv was terminated and filed the claim in arb...

Excerpt: ...s that a motion for summary judgment be granted “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled judgment as a matter of law.” First, the Court must identify the issues framed by the pleadings, since the court's sole function on a motion for summary judgment is to determine from the submitted evidence whether there is a “triable issue as to any material fact.” (...

Excerpt: ...sel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Background This is a wage and hour action brought by Plaintiff Jose Nunez (“Plaintiff”) on behalf of a group of similarly situated current and former employees against Defendants California Sunrooms & Patio Covers, Inc., dba California Sunrooms (“Sunrooms”), and its managing agent Abe Avi (“Defendants”). According to Plaintiff's Comp...

Excerpt: ...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].) The Court notes that the documents were immaterial to the Court's ruling on this Demurrer. This action for premises liability, wrongful death, and negligence arises out of the robbery and murder of decedent, Trevor Solari, at The Eleven Hundred Apartment property located in Sacramento, CA. The inciden...

Excerpt: ...nmental Products, Inc. and owners, directors, officers, or managing agents thereof William Delaney, Michael Delaney, and James Delaney (“Defendants”). According to Plaintiff's Complaint, he was required to travel to different client locations in company vans while also being required to maintain substantial inventory, parts, and tools in the vans to complete their work. (Complaint, ¶ 19.) Defendants failed to pay for all hours worked during ...

Excerpt: ...rst Amended Complaint that alleges claims for (1) failure to pay all overtime wages, (2) meal period violations, (3) rest period violations, (4) waiting time penalties, (5) wage statement violations, (6) unfair competition, and (7) PAGA penalties. Defendants deny the allegations, but the parties have been able to reach a compromise after mediation with David Perrault, Esq. on April 2, 2021. Although the mediation did not end with an agreement to ...

Excerpt: .... Plaintiff Wendy Maciel filed a PAGA‐only action in San Diego County Superior Court on September 9, 2020. Plaintiff René Palacios filed a PAGA‐only lawsuit in Riverside County Superior Court on May 21, 2019. During the course of informal discovery, all three plaintiffs agreed to participate in a joint mediation session to try to achieve a global resolution of all claims. (Sansanowicz Decl. ¶ 17.) The parties reached a compromise after medi...

Excerpt: ...ra Naidu, Ram Naidu, and Anita Tausere (Decedent's wife and three children; collectively, "Plaintiffs") First Amended Complaint (“FAC”), Plaintiffs allege Decedent, a 71‐year‐old man, was admitted to UC Davis Medical Center on August 19, 2014 for a scheduled kidney transplant surgery on August 20, 2014. (FAC, ¶ 9.) The surgery went forward on August 20, 2014, and Decedent was moved to recovery. (Id., ¶ 14.) Plaintiffs allege that on Aug...

Excerpt: ...Overview Plaintiff seeks to compel Barnum's answers to the following two virtually identical deposition questions: 1. So is it your belief that the asset purchase agreement identifies a transfer of the website to you? 2. Mr. Barnum, is it your belief that the asset purchase agreement transfers ownership of the website to you? This lawsuit includes a mix of legal malpractice claims against a law firm and attorneys not party to this motion and busi...

Excerpt: ... GRANTED IN PART and DENIED IN PART as follows. Moving counsel's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Background The Department instituted this action by filing its complaint against Defendants for civ...

Excerpt: ...nd”), Bio Matters, LLC (“Bio Matters”), and Global Consortium Group (“GCG”) filed objections to the subpoena and an opposition to this motion. This action was filed on June 22, 2020. As of this hearing, there have been eight motions to compel filed, one motion for protective order and to appoint a discovery referee, and two motions to compel subpoena compliance. Of these, six are pending before the Court, one was denied in part and gran...

Excerpt: ... to Code of Civil Procedure section 425.16 is GRANTED as follows. Factual Background On July 2, 2021, Sourdough LLC filed a Complaint against Sourdough Inc. and other defendants. (ROA 1.) That Complaint alleges that Sourdough Inc. established a franchise relationship with Sourdough LLC, thereby entitling Sourdough LLC to the protections of California's franchise statutes. (Complaint, ¶ 13.) The Complaint alleges causes of action against Sourdoug...

Excerpt: ...e Statement ("Note") with LOANME, INC on February 22, 2016 for the issuance of a loan. (Complaint, ¶ 18.) By the terms of the Note, LOANME, INC loaned to Defendant a certain sum of money and Defendant promised to pay the sums loaned with interest, fees, and charges. (Ibid.) Defendant defaulted by failing to pay the minimum monthly payments. (Id., ¶19.) Plaintiff is a debt buyer that acquired sole ownership of the debt owed by Defendant to LOANM...

Excerpt: ...1.06(D). Defendants are ordered to notify 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). Defendants' request for judicial notice of records from the Secretary of State's website, Business Search ‐ Entity Detail of Gio Fitness from February 23, 2021, and May 6, 2021, is unopposed an...

Excerpt: ...osing party of the specific causes of action 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. *** Other than for purposes of satisfying the meet‐and‐confer requirements of Code of Civil Procedure §430.41, the Court considered neither the Collins Declaration filed in support of the present demurrer (along with its 100‐plus pa...

Excerpt: ...material fact and that the moving party is entitled judgment as a matter of law.” First, the Court must identify the issues framed by the pleadings, since the court's sole function on a motion for summary judgment is to determine from the submitted evidence whether there is a “triable issue as to any material fact.” (Id.) To be “material” for purposes of a summary judgment proceeding, a fact must relate to some claim or defense at issue...

Excerpt: ...ial Facts and which of the opposing defendants' 25 Additional Material Facts will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐existence of a triable issue of material fact. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the corr...

Excerpt: ...ruary 22, 2021. (ROA 16.) The cases were consolidated on October 1, 2021. (ROA 15.) The People then filed the instant motion on October 13, 2021. (ROA 21.) In order to have standing to contest a forfeiture action, a claimant must claim to own the article or merchandise or claim to have a legally cognizable interest therein. ( United States v. 1982 Sanger 24' Spectra Boat (9th Cir. 1984) 738 F.3d 1043, 1046; United States v. One 1945 C‐54 (DC‐...

Excerpt: ...scovery 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. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a personal injury action arising out of a trip‐ and‐fall at a Chevron gas station. The complaint alleges in Paragraphs 8‐9 that plaintiff tripped on a “curb/parki...

Excerpt: ...posed and granted. Factual and Procedural Background The City's Complaint seeks a judicial declaration that: (1) Measure L, Resolution No. 20‐027, Resolution No. 20‐040, and Ordinance No. 21‐002, and each of them, are legally valid and enforceable; and (2) CDTFA bears a statutory duty to contract with the City to administer Measure L, Resolution No. 20‐027, Resolution No. 20‐040, and/or Ordinance 21‐002 to impose the tax voters intend...

Excerpt: ...or Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff filed this action on September 21, 2020, alleging that on or about August 24, 2018, he was assaulted by one of Best Buy's security guards while shopping at a Best Buy store located at 1901 Arden Way, Sacramento, CA 95815. Plaintiff's original Complaint alleges several purported causes of action, which appear to include the following...

Excerpt: ...tor shall provide the tentative ruling to Plaintiff Ivan Kilgore within 48 hours. The litigation coordinator is directed to have Plaintiff Ivan Kilgore available at oral argument on November 17, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on November 3, 2021. Appearan...

Excerpt: ...ross‐defendants' Request for Judicial Notice is granted. This case stems from a motor vehicle accident that occurred on or about March 29, 2017. Plaintiff was a passenger on Defendant Sacramento Regional Transit District's ("SAC RT") bus near Arden Way and Highway 99 in Sacramento. Cross‐Defendant, Raphael Opon was traveling behind the SAC RT bus in a 1998 Honda Accord. The SAC RT bus stopped in front of Opon's vehicle, causing him to collide...

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

Excerpt: ...School and take the head coaching position at Defendants Capital Christian. FAC ¶ 12. During Plaintiffs time at Del Oro, Plaintiff won a state championship, was a state championship finalist three times, won three Northern California Regional Championships, six CIF SJS Section Championships, made fourteen playoff appearances, and won seven SFL Titles. FAC ¶ 13. Plaintiff alleges that In order to induce Plaintiff to leave Del Oro High School, De...

Excerpt: ...& Professions Code by ( I ) failing to provide off‐duty rest breaks or pay rest period premium compensation in violation of Labor Code § 226.7; (2) failing to pay meal period premium at the regular rate of pay in violation of Labor Code §§ 226.7 and 512; (3) failing to pay all earned wages in violation of Labor Code §§ 201‐204, 510, 558, 1174, 1194, 1198, and 1199; (4) failing to provide accurate itemized wage statements in violation of ...

Excerpt: ... OSP's request for judicial notice of the files and records in this action and in Sacramento County Superior Court, case numbers 34‐2018‐00239612 and 34‐2018‐ 00239618 is unopposed and granted. Factual and Procedural Background This action arises from the fractured relationship between the Trust and OSP, and specifically OSP's manager, Roger Duke (“Duke”). The Trust has a 65% ownership interest in OSP, with 65% voting rights. Duke has...

Excerpt: ...73 (b). According to the Register of Actions, Plaintiff is self‐represented. No substitution of attorney has been filed since Plaintiff became self‐represented on June 29, 2021 when his former attorney McKinney filed a substitution of attorney. On March 16, 2021, the parties to this action took part in a court‐ supervised settlement conference wherein the parties entered a written agreement to settle the entire case, with prejudice, for the...

Excerpt: ...ts director, Nicolas Maduros (collectively, “CDTFA”) on its sole cause of action for declaratory relief. The City's Complaint seeks a judicial declaration that: (1) Measure L, Resolution No. 20‐027, Resolution No. 20‐040, and Ordinance No. 21‐002, and each of them, are legally valid and enforceable; and (2) CDTFA bears a statutory duty to contract with the City to administer Measure L, Resolution No. 20‐027, Resolution No. 20‐040, a...

Excerpt: ...tor shall provide the tentative ruling to Plaintiff Ivan Kilgore within 48 hours. The litigation coordinator is directed to have Plaintiff Ivan Kilgore available at oral argument on November 17, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on November 3, 2021. Appearan...

Excerpt: ...ons of plaintiff and her mother) Overruled as to Ex. C (except of medical record provided by defendant to plaintiff) Sustained as to No. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, and 16 on the basis of lack of foundation and improper medical opinion from a lay person. Request for Continuance Plaintiff's Request for a Continuance pursuant to CCP 437c(h) is denied. Plaintiff requests a continuance in the penultimate paragraph of the points and au...

Excerpt: ...021. (ROA 62). In this action Plaintiff alleges claims against Defendant Sage Pools, Inc. (“Sage Pools”) for breach of contract, breach of express warranty, breach of the covenant of good faith and fair dealing, fraud and negligence in connection with the installation of a swimming pool. Sage Pools initially answered the complaint and filed a crosscomplaint. However, the answer and cross‐complaint were stricken after Plaintiff made a motion...

Excerpt: ...y Valenzano dba Plumbing Service Co.'s motion to compel further responses to discovery is ruled upon as follows. In this action, Plaintiff alleges that Valenzano was performing plumbing services at 1414 E Street, Sacramento, CA, a property owned by SMUD, when he caused a fire that spread to Plaintiff's property. Valenzano seeks to compel Plaintiff's further responses to request for admissions (set one), form interrogatories (set one), and request...

Excerpt: ...ter. She alleges that she had a contingency fee agreement allowing for a percentage of the gross recovery and also provided her a charging lien for any sums owing for unpaid fees and costs. Ms. Palmieri alleges that she associated with Defendants in June 2016 and recommended that Ms. Gilliland follow her. She alleges that Defendants agreed to a division of fees pursuant to which Ms. Palmieri would be paid a minimum of 20%. She alleges that she ul...

Excerpt: ...death, related to the care of decedent Gerard Follettie. The Decedent was a resident at Crocus Holding, LLC dba Roseville Care Center (“RCC”). Plaintiffs have alleged that RCC was owned and operated by various “corporate overseers” including, Plum Healthcare Group, LLC; Bay Bridge Capital Partners, LLC; New Sisu Holdco, LLC, Flower Farm Roup, LLC; OPCO Holdings, LLC; California OPCO, LLC; Jack Sanofsky; Ranjit Singh; GI Partners Holdings ...

Excerpt: ...April 6, 2018. Plaintiff alleges that she received written warranties and express and implied warranties from Defendant in connection with purchase of the Vehicle. (Comp. ¶ 7.) Plaintiff alleges that she delivered the Vehicle on at least ten occasions to an authorized service and repair facility for defects in the Vehicle, including defects related to the “infotainment master controller,” the smart keys, battery failure, and more. (Id. ¶¶ ...

Excerpt: ...Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied upon by a court or party in any other action.” (CRC Rule 8.1115.) BANA initiated this action by filing a form complaint for common counts alleging that Defendant/Cross‐complainant Thomas Witte (“Witte”) owed a balance of $2,821.17 on a credit card. Witte filed a cross‐complaint alleging causes of action for ...

Excerpt: ...ction 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, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244...

Excerpt: ...cember 6, 2016, as to which Stillwater paid at least $1 in policy benefits, and whose actual cash value indemnity payment for repairs to the structure was decreased as a result of depreciation of one or more components of the structure that are not normally subject to repair and replacement during the useful life of the structure including but not limited to range hoods, countertop subdecks, cabinets and cabinet components, drywall, drywall textu...

Excerpt: ...d motion matters. *** Defendants the Pi Kappa Alpha International Fraternity, Inc. (“PIKE”) and Theta Tau Chapter of the Pi Kappa Alpha's (“Chapter”)(collectively the “Fraternity Defendants”) demurrer to Plaintiffs William Molina and Donna Goles' (collectively “Plaintiffs”) second amended complaint (“SAC”) is ruled upon as follows. The Fraternity Defendants' request for judicial notice is granted. In taking judicial notice of ...

Excerpt: ...laintiff Anna Sandoval‐Ryan alleges causes of action for NIED and wrongful death on her own behalf. Other heirs of the Decedent have also joined the action as plaintiffs. The action arises out of the care the Decedent received at Sacramento Post‐Acute. At issue on this motion are certain document requests attached to a deposition notice to Defendant's PMQ. Defendant is correct that the motion is somewhat confusing because while the Notice of ...

Excerpt: ...oved as directors and evicted from the garden. On September 9, 2021, Plaintiff Moore served the subject demand for inspection with an inspection date of October 14, 2021. Plaintiff Moore seeks to inspect plots A11 (the “Rental Plot”) as well as FB, F3, and F12 (collectively the “Food Bank Plots”). The inspection demand states in relevant part: "[T]he inspection and photograph/video taking will include the contents of each listed growing b...

Excerpt: ...cquainted with it. (See e.g., P&As at 9‐11; Opp'n at 5‐7.) It is undisputed that CalPERS (“PERS”) is not a party to this action, and that claims between Plaintiff and PERS have been adjudicated in another action. In July of 2014, the Court sustained an earlier version of the complaint, with leave to amend, finding that plaintiff had not exhausted his administrative remedies with CalPERS. (Register of Actions (“ROA”) 38.) The Court ini...

Excerpt: ... be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Allegations This action arises out of Allstate's handling of a claim submitted by plaintiffs under their homeowner's insurance policy. Plaintiffs allege their home sustained fire damage in September 2019 and they subsequently filed a claim with Allstate but Allstate “denied Plaintif...

Excerpt: ...e is denied as moot and without prejudice. In her verified First Amended Complaint (Register of Actions (“ROA”) 21), Plaintiff asserts causes of action for sexual battery, negligence, intentional infliction of emotional distress, and gender violence and alleges that Defendants caused or contributed to her childhood sexual abuse. Defendants filed a verified Answer on 7/9/21. (ROA 33.) Plaintiff demurs to that Answer on grounds that the Answer ...

Excerpt: ...complaint on March 3, 2019. According to the moving papers, in October of 2019, Plaintiff propounded on Defendant form interrogatories ‐‐ general, set one; request for admissions, set one; and request for production of documents, set one. (P&As at 1‐2.) Fifteen months later, present counsel filed its substitution of attorney on January 11, 2021. On August 31, 2021, plaintiff's counsel served a meet‐and‐confer letter on Defendant. Until ...

Excerpt: ...l counsel are reminded that the Court's CCMS system allows the public to electronically access and view all pleadings and documents once they are filed unless the Court orders otherwise. Thus, it is imperative for counsel to appropriately redact all pleadings and documents before filing. If plaintiff and/or defendant desire to shield such personal information from the public's view, either may promptly file an appropriate motion to seal such reco...

Excerpt: ...ers. *** Plaintiff Nafisa Naenkhail's (“Plaintiff”) motion to compel defendant General Motors LLC (“Defendant” or “GM”) to provide verified, further responses to Requests for Production of Documents (“RFPs”) Nos. 1, 3, 9, 13‐16, 31‐33, 37‐78, 90 and 91 is ruled upon as follows. This is a lemon law action arising from Plaintiffs purchase of a used 2015 Cadillac Escalade, VIN 1GYS4NKJ7FR695107 (hereinafter referred to as the "...

Excerpt: ...posing party and advise opposing party of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving party is unable to contact opposing party prior to hearing, moving party is ordered to appear at the hearing by Zoom or by telephone. Factual Background This lawsuit appears to be the next chapter of a longstanding feud between the parties which dates back to at least the early 2000s, when EMI obtaine...

Excerpt: ...e's construction of the Central Valley segment of the High‐Speed Rail System (the "Project"). Defendant Tutor Perini Zachry Parsons (“TPZP”) was hired by the State to construct a portion of the Project on Plaintiff's land. The State obtained an access easement across Plaintiff's land for purposes of constructing the Project. Plaintiff alleges that TPZP, at the direction of the State, installed infrastructure in the easement in excess of the...

Excerpt: ...dant moves on the ground that Plaintiff has failed to appear for her deposition as detailed below. In June of 2020, Defendant requested to take Plaintiff's deposition. (Ritton Decl. ¶ 13, Exh. I.) After Plaintiff's counsel did not provide a definitive date, defense counsel unilaterally noticed Plaintiff's deposition for August 12, 2020. (Ritton Decl. ¶ 3, Exh. D.) According to Plaintiff's counsel, prior to setting the deposition, he had request...

Excerpt: ... of medical information. Plaintiffs allege that on July 25, 2009, at a civil harassment restraining order hearing, information about Ms. Bacco‐Scribner's June 23, 2019, emergency room medical treatment at MMC was disclosed. (FAC ¶ 11.) The FAC alleges MMC performed an audit that revealed defendant Jennifer Croff, Lead Officer Administrator of Pacific Medical, Inc., wrongfully accessed Ms. Bacco‐Scribner's medical records using the Epic porta...

Excerpt: ... 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 re...

Excerpt: ...nd repair history. Plaintiff filed the Complaint on June 11, 2021, alleging the following causes of action: (1) violation of Consumer Legal Remedies Act § 1750 et seq.; (2) fraudulent misrepresentation; (3) negligent misrepresentation; (4) negligence per se, Vehicle Code § 11713; (5) violation of California Penal Code § 496; (6) violation of Business Code §§ 17200 et seq.; and (7) claim on statutory bond. Defendant demurs to each cause of ac...

Excerpt: ...otes that Defendants filed one motion seeking relief for both Defendants and not predicated on identical arguments. The Court admonishes that Defendants should have filed separate motions and, in the future, may decline to consider a motion filed on behalf of multiple defendants. Moving counsel's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact P...

Excerpt: ...Kendra Littleton, CNA; (2) Wilma Canaveral, CNA; (3) David Martinez, CNA; (4) Clarice Padmore, CNA; (5) Leilani Tresca, CNA; (6) Sanprit Kaur, CNA; (7) Keshni Chand, CNA; (8) Kamlesh Kumar, CNA; (9) Shawnda West, CNA; (10) Rhodora Danho, CNA; (11) Jason Dacuag, CNA; (12) Leslie Mico, LN; (13) Adrienne Williams, LN; (14) Harpreet Gill, LN; (15) Gary Tagufa, LN; (16) Christie Mae Fajardo, LN; (17) Yetti Bedane, LN; and (18) Gurprett Kaur Dehal, LN....

Excerpt: ...intiffs filed the underlying Complaint against Defendant on March 18, 2019. (Register of Actions 1.) According to the Complaint, on March 17, 2010, Plaintiffs purchased a Kia Sorento (“Subject Vehicle”), which was manufactured and or distributed by Defendant. (Complaint, ¶ 7.) Plaintiffs allege the Subject Vehicle contained or developed various defects during the warranty period, Defendant and its representatives have been unable to service ...

Excerpt: ...relationship, negligent interference with economic relationship, intentional interference with prospective economic advantage, negligent intentional interference with prospective economic advantage, intentional interference with contractual relationship, and civil conspiracy. The Complaint was filed by William D. Burger, Jr. and Caitlyn M. Hobbs of Strongin Burgner, LLP. Defendant has a special motion to strike set to be heard on November 3, 2021...

Excerpt: ...ts or accepting a particular interpretation of its meaning.” ) While courts take judicial notice of public records, they do not take notice of the truth of matters stated therein. (citation omitted) ‘When judicial notice is taken of a document, … the truthfulness and proper interpretation of the document are disputable.' (StorMedia Inc. v Superior Court (1999) 20 Cal.4th 448, 457, fn 9.” Herrera v Deutsche Bank National Trust Co. (2011) 1...

Excerpt: ... ("C. MacPhail"), and Dorothy MacPhail ("D. MacPhail") (collectively "the MacPhails") surreptitiously took partnership profits for their own personal gain without benefit to the partnerships. (See generally, Declaration of Dorothy C. Yamamoto in support of Plaintiffs' Motion to Compel Further Responses to Request for Production of Documents, Set Two, ["Yamamoto Decl."], 112, Ex. 1, p.5 ("TAVC").) Plaintiffs move to compel further responses to for...

Excerpt: ...tiff Michael Giambona's second amended complaint (“SAC”) is ruled upon as follows. This action arises out of Plaintiff's 2018 purchase and subsequent use of a Shiatsu Massage Pillow, which is alleged to have caused Plaintiff to suffer a stroke and various other injuries. Defendant demurs to the intentional misrepresentation (COA 3), negligent misrepresentation (COA 4), and concealment (COA 5) causes of action on the ground that Plaintiff fail...

Excerpt: ...ants Bruce Edward Foggy (“Foggy”) and Martha Tufo's (“Tufo”)(collectively “Defendants”) demurrer to Plaintiffs Helen Darbison (“Darbison”) and Ellie Longanecker's (“Longanecker”)(collectively “Plaintiffs”) complaint is ruled upon as follows. Trial is scheduled for 1/11/2022. Overview This is an elder abuse action. Plaintiffs allege that Darbison is over 65 years old. After undergoing a total right hip Arthroplasty, Darbiso...

Excerpt: ...f action. In this employment action Plaintiff alleges FEHA related causes of action against CSU including for discrimination and harassment based on disability, retaliation, and failure to engage in the interactive process. She also alleges the Tenth Cause of Action for Intentional Infliction of Emotional Distress (“IIED”) which is the subject of the instant demurrer. Plaintiff began her employment with CSU in 1989 and is currently employed a...

Excerpt: ...file and serve on or before October 14, 2021, evidence to support their contention that the debt of $133,800,00 was discharged in the bankruptcy and proof of service on the Trustee of notification of this lawsuit, including a copy of this minute order. The Court also permitted defendants to file supplemental briefing on or before October 14, 2021. Each party was allowed to respond to the additional briefing on or before October 21, 2021. Defendan...

Excerpt: ...font size and line‐ spacing requirements set forth in CRC Rules 2.104 and 2.108 in an apparent attempt to circumvent the 15‐page limitation found in CRC Rule 3.1113(d). Plaintiff and her counsel are advised that future filings which do not comply with the applicable Rules of Court may be stricken. Factual Background Plaintiff, an employee of a child day care center, brings this action for malicious prosecution against defendant, alleging defe...

Excerpt: ...inst and harassed based on his national origin. Defendant was an investigator hired by the District to investigate allegations of sexual harassment. The District fired Plaintiff over the findings of the investigation. Plaintiff also alleges causes of action against the District for IIED and Defamation. The IIED and Defamation claim are also alleged against Defendant. Plaintiff also alleges a cause of action for Professional Negligence against Def...

Excerpt: ...eing left in a permanent vegetative state. Kyra was then admitted to Vibra for long‐term care on two separate periods between June 2017 and February 2019. The Ritchies settled their underlying lawsuit with the Sutter Defendants. In that action Vibra sought to assert a lien against the settlement proceeds in the amount of $796,950. The lien could not be adjudicated in that action. The Ritchies brought a declaratory relief action regarding Vibra'...

Excerpt: ...e and two) and requests for admission (sets one‐three). Defendant was ordered to serve responses without objections no later than October 5, 2021. On September 24, 2021, the Court granted Defendant's ex parte application to the extent that Defendant had until October 27, 2021 to serve the responses and indicated that “[t]he question of whether defendant is entitled to retain their objections shall be determined at the hearing on October 27, 2...

Excerpt: ... Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from plaintiff's employment with City, where she began working in 2014. The 1AC purports to assert 11 separate causes of action (“COA”) consisting of harassment and discrimination based on both age and gender; retaliation under both the Fair Employment and Housing Act (“FEHA”...