Excerpt: ...two others, unduly influenced decedent, Leon Reynoso Flores, to execute two grant deeds on or about October 4, 2011, which transferred title to two properties owned solely by Leon to Defendant Joseph and Defendant John as joint tenants, thereby wrongfully obtaining Leon's intestate estate property after Leon's death on June 5, 2013. Plaintiffs also allege that the defendants unduly influenced Leon to execute a Durable Power of Attorney fo...

Excerpt: ...ling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53. Moving counsel is directed to contact Defendant and advise 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. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing in person or by telep...

Excerpt: ...ollows:” but no service list is attached and the names and addresses of the parties served are not listed on the Proof of Service. Successful service by mail requires strict compliance with all statutory requirements; failure to comply deprives a court of jurisdiction to act. Accordingly, if a corrected Proof of Service is filed at or prior to the hearing, this matter will be ruled upon as follows, below. If no corrected Proof of Service is tim...

Excerpt: ...ion matters. *** Defendant Elica Health Center's (“EHC”) demurrer to Plaintiff Karen Freeman's first amended complaint (“FAC”) is ruled upon as follows. This action arises out of Plaintiff's employment with EHC, which terminated plaintiff in October 2017. Plaintiff alleges that Slavic national origin employees were the highest represented ethnic group of employees at EHC and occupied a large amount of managerial positions and seats on...

Excerpt: ...h this demurrer any declaration which satisfies the requirements of Code of Civil Procedure section 430.41 (a), which requires the demurring party to meet‐and‐confer "in person or by telephone" with the party filing the pleading that is the subject of the demurrer, and file a declaration with the Court in conformity with section 430.41(a)(3). Despite this failure, Plaintiff's counsel's declaration indicates the parties suffici...

Excerpt: ...sed 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. *** Defendant Steve Madden Retail, Inc.'s motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is a putative wage‐and‐hour class action. The sole named Plaintiff is Evyanne Phelps (now Bella). The complaint ...

Excerpt: ...s for judicial notice filed in support of their briefing on the cross‐motions (ROA Nos. 131, 136, 140, 144, 154, 169, 173) are granted with the exception of Respondent Port Parker's requests that the Court take judicial notice of the Placer County Superior Court's October 23, 2018 Order denying Marcus Turner's Corporations Code section 800 motion in Placer County Case No. SCV0040738. (See Parker's RFJN No. 4 in ROA No. 144; Parker's RFJN No. 2 ...

Excerpt: ... causes of action for medical negligence and negligent infliction of emotional distress against moving defendants in connection with their treatment and care of his mother Helen Woodbury (the "Decedent") in April 2016. The meet and confer declaration filed by defendant's counsel pursuant to CCP 430.41states that plaintiff agreed to dismiss the case with prejudice against Roebken by March 4, 2019 after the parties reached an agreement ...

Excerpt: ...explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.) For example, courts cannot take judicial notice of the truth of statements in transcripts or declarations even though they are part of the trial court re...

Excerpt: ...olation of the Rosenthal Fair Debt Collection Practices, and the 8th cause of action for Conspiracy. The demurrer is sustained for the reasons stated in the moving papers. Plaintiff filed an Amended Complaint on February 28, 2019, 7 court days before the hearing. Because the Amended Complaint was not filed at the time the opposition was due, on February 26, 2019, the demurrer is not moot pursuant to CCP 472 and the defendant is entitled to a ruli...

Excerpt: ...Greyhound Lines, Inc. Plaintiffs submit that the settlement is fair, reasonable, and adequate as to all class members and should be approved by the Court. Appearance required. While the Court's ruling tentatively indicates that it will grant preliminary approval of the class action settlement as requested in general, including provisional certification, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. A...

Excerpt: ...district representative with the HCD. Her job duties mainly involved inspecting mobile homes and mobile home parks for compliance with housing standards. On September 11, 2014, plaintiff went out on leave for injuries to her shoulder, back and hip, that she claimed occurred because of the driving involved in her duties. She worked part time that month, and her last day at work was September 30, 2014. Plaintiff filed a workers' compensation cl...

Excerpt: ...ction. Summary Adjudication is only appropriate if it will resolve an entire cause of action, affirmative defense, issue of duty, claim for damages (punitive only) CCP 437c (f). However, as the notice of motion also seeks summary judgment on both causes of action, the Court is treating the separate statement as seeking summary judgment on the entire Complaint as well as summary adjudication of each cause of action. City's Evidentiary Objectio...

Excerpt: ... changing event in which Mrs. McDonald's hip became dislodged, requiring a second surgery. Plaintiffs contend terminating or, alternatively, evidentiary and issue sanctions, and monetary sanctions should be issued against defendant Eskaton because it has disobeyed a number of discovery orders. The trial date is April 22, 2019. Plaintiff states that the discovery completion cut‐off date is April 5. First, Plaintiffs contend Defendant "bl...

Excerpt: ...ithout prejudice. Plaintiffs oppose the motion arguing that there is no evidence that Tahereh Jarchi signed the arbitration agreement, personally agreed to arbitrate claims, or that Behjat Jounami had lawful authority to sign the agreement on behalf of Tahereh Jarchi' . Plaintiffs also argue that if the arbitration agreement is compelled against less than all plaintiffs the division of claim would create the potential for inconsistent rulings. Al...

Excerpt: ...il 26, 2017, the Plaintiff filed a Complaint for Financial Elder Abuse, Undue Influence, Unjust Enrichment, Fraud, Deceit, False Promise, Intentional Misrepresentation, Conversion, Negligent Misrepresentation, and Intentional Infliction of Emotional Distress. (Brown Decl., 2). Plaintiff alleges that her son, defendant Darnell Owens, wrongfully took $80,000 that was in a joint account with his name on it and deposited the funds elsewhere even thou...

Excerpt: ...apers but are instead raised for the first time in its reply papers are not properly presented to the trial court. Regency Outdoor Advertisement, Inc. v Carolina Lanes, Inc. (1995) 51 Cal.App.4th 1323, 1333; see St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 783; Plenger v. Alza Corp. (1992) 11 Cal.App.4th 349, 362 at fn. 8 [trial court should only permit party moving for summary judgment to include "additional . . . matter[s]" in...

Excerpt: ...r to fall on the floor and causing her injuries and damages. On October 10, 2017, Plaintiff filed a complaint against Macy's for general negligence and premises liability. (Ex. A). On December 4, 2018 , Judge Christopher Krueger granted an Order to have Macy's Requests for Admissions deemed admitted. (Ex. E) Consequently, Plaintiff has admitted that she has no evidence to support her cause of actions of general negligence and premises lia...

Excerpt: ...on protective order brought by Defendants Vibra Hospital of Sacramento, LLC (Vibra), Vibra Healthcare, LLC and Vibra Holdings One, LLC (collectively “Defendants”) is GRANTED. Overview This is an elder abuse / wrongful death case. Plaintiffs are Decedent's surviving family members. Vibra is a hospital, not a skilled nursing facility. In their complaint, Plaintiffs allege that Decedent suffered a pressure ulcer while in Defendants' care. Plaint...

Excerpt: ...ed. Defendant initially filed an answer On December 17, 2018 with a general denial and raising affirmative defenses but later responded to Plaintiff's requests for admissions on January 26, 2019 and admitted all of the elements of Plaintiff's claim and that she had no defense to the complaint. "(A) deemed admitted order establishes, by judicial fiat, that a nonresponding party has responded to the requests by admitting the truth of all matter...

Excerpt: ...sonably dangerous because it can cause engine failure while the vehicle is in operation at any time and under any driving conditions. (Id. ¶ 16.) Plaintiffs allege that Kia was aware of the Engine Defect in the vehicle prior to the sale, but failed to disclose the material facts at the time of the sale. (Id. ¶ 17.) The Complaint was filed on June 13, 2018. Kia demurs to the third, fourth, fifth and sixth causes of action for violation of Civil ...

Excerpt: ...ED in part and OVERRULED in part. Langshaw's request for judicial notice of court documents is GRANTED. Overview This case follows entry of a money judgment against plaintiff herein Arthur Scott Dockter (Dockter) in 1998. In his first amended complaint (FAC), Dockter alleges that the judgment creditor in the underlying case sold its rights as judgment creditor to “Alliance Financial.” He alleges that Langshaw purported to renew the judgme...

Excerpt: ...n (Naproxen) while in custody at the Sacramento County Jail in November 2017. Plaintiff declined to take the medication believing he had an adverse reaction in 2013. (See Plaintiffs Exh. A p. 2, attached to 3 Complaint.) Plaintiff was released from custody a few hours after being offered the Naprosyn by Dr. Drennan. (See Plaintiffs Exh. B p. 1, attached to Complaint.) Plaintiff has previously filed another action in this court alleging a violatio...

Excerpt: ...sel of the specific “matters for examination” and/or document requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rul...

Excerpt: ...emental interrogatories (set one) and supplemental request for production of documents (set one) no later than December 10, 2018. No sanctions were awarded. Defendant seeks terminating on the basis that Plaintiff has not provided the Court ordered responses. Here the Court finds that the drastic remedy of terminating sanctions, is not yet warranted at this time. “The sanctions the court may impose are such as are suitable and necessary to enabl...