Excerpt: .... In any event, neither are relevant to the Court's ruling below. At the outset, Plaintiff's 22 page memorandum violates the page limits set forth in CRC Rule 3.1113(d). Plaintiff did not obtain an order from the Court allowing him to file such an oversized opposition memorandum. Nevertheless, the Court considered the entirety of the memorandum. Plaintiff alleges causes of action against Defendant for: (1) breach of fiduciary duty; (2) negligence...

Excerpt: ...nterest community known as Eskaton Village in Grass Valley ("Village"), which includes 267 housing units, of which 130 are owned separately by individual homeowners. These 130 individually‐owned single family residences are referred to as the "Patio Homes." The remaining 137 units are located on a parcel that contains a Lodge" with 137 rental apartment units that are mixture of assisted living and independent living apartments. On November 19, ...

Excerpt: ...dent at Defendants Evergreen Innovation Group, LLC and DPR Construction, Inc. (“Evergreen”) on or about August 31, 2020. (Complaint, ¶ 7.) During the interview process for this position, Plaintiff was informed he would be eligible for an end of the year bonus in 2020. (Id., ¶ 8.) In late 2020 or early 2021, Plaintiff spoke with Defendant Brandon Hanlon (“Hanlon”), Evergreen's Electrical Division Manager, regarding Plaintiff not receivin...

Excerpt: ...x and disability based employment dispute. As relevant to this litigation, Plaintiff worked for CHP as a Data Processing Manager I from 2014 until Plaintiff was demoted in 2019. (FAC ¶ 7.) Defendant/non‐moving party Isaac Tillman (“Tillman”) was Plaintiff's supervisor and a Division Chief for CHP. (FAC ¶ 12(a).) Plaintiff alleges that all defendants were the agents and employees of each of their co‐defendants and were acting in the cour...

Excerpt: ... issue in this lawsuit. (SAC ¶¶ 5 & 26.) Plaintiff alleges that HMA runs and advertises a certification program in which its used vehicles are certified by HMA‐ authorized retailers as being in pristine condition (“CPO Program”). (SAC ¶¶ 16‐17.) HMA advertises that: “Each Hyundai Certified Pre‐Owned vehicle must meet age and mileage requirements, have a clean title verified by CARFAX®, and pass an extensive 173‐point mechanical...

Excerpt: ...tters. *** Defendant Isaac Tillman's (“Tillman”) demurrer to Plaintiff Shane Kennedy's first amended complaint (“FAC”) is ruled upon as follows. This action relates to an action filed by Dalila Fontana (“Fontana”). Tillman has filed a concurrent demurrer to Fontana's first amended complaint. (See Item # 10.) In this action, Plaintiff alleges that Tillman was his direct supervisor from May 2016 until 2019. In November of 2017, Plaintif...

Excerpt: ...osing 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). Specially appearing Cross‐Defendant Roger Duke's motion to quash service of summons of Michel J. Orradre and Mary F. Orradre as Trustees of the 1988 Orradre Revocable Trust dated April 26, 1988 (“Cross‐Complainants”) Cross�...

Excerpt: ...ff Onte Burns‐Robinson's (“Plaintiff”) motion for relief from stay, dismissing the Plaintiff's class claims without prejudice, and granting Plaintiff leave to file a Second Amended Complaint (“SAC”) is GRANTED as follows. On January 28, 2021, this Court granted Defendant's motion to compel arbitration ordering Plaintiff to arbitrate his wage and hour individual claims, while staying his class and representative PAGA claims pending the r...

Excerpt: ...cal Rule 1.06. Moving counsel is directed to contact opposing counsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Plaintiff filed the underlying Complaint against Defendant on December 28, 2020. (Register of Ac...

Excerpt: ...�), is substandard as defined in California Health and Safety Code section 17920.3 and is a public nuisance. (ROA 1.) On July 19, 2021, this Court entered an order finding the Subject Property to be such and appointed Receiver Richardson Griswold (“Receiver”) pursuant to Health and Safety Code section 17980.7. (Id., 46.) The order required the Receiver to “take full control and possession of the Subject Property and to take such actions as ...

Excerpt: ..., Set One is ruled upon as follows. Plaintiff's request for judicial notice is DENIED as the Court finds the document of which Plaintiff seeks judicial notice is irrelevant to resolution of this motion. (Atherton v. California High‐ Speed Rail Authority (2014) 228 Cal.App.4th 314, 341 [finding that the court may decline to take judicial notice of irrelevant matters].) According to Plaintiff, Plaintiff served the following discovery requests on ...

Excerpt: ...the account number ended in 1005 (the “Account”) on October 28, 2019. Defendant agreed to be bound by the terms and conditions set forth in the card member Agreement when Defendant applied, for received, or used the Account. In addition, the card member Agreement provides that use of the card constitutes acceptance of the agreement. After Defendant received the credit card, purchases were made by the use of the Account and charging of various...

Excerpt: ... Exhibit A (a Court Order on a motion for summary judgment in a separate action filed in the Los Angeles County Superior Court), the court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [�...

Excerpt: ..., Plaintiff alleges a Labor Code section 226(a) claim predicated on Defendants' failure to provide wage statements that identify the inclusive dates of the pay period, i.e. when the pay period began, and a cause of action for violation of PAGA predicated on Defendants' alleged violation of Labor Code section 226(a). The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Ba...

Excerpt: ...oyee engaged in a wrongful act, and DDS is immune from liability because the actions of its employees were statutorily authorized and within their discretion in performing their official duties. Plaintiff's request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (j...

Excerpt: ... compel arbitration based on the Respondent's signed contractual agreement to arbitrate any disputes under the insurance policy with an arbitrator affiliated with American Arbitration Association ("AAA"). On June 11, 2021, the Court granted Petitioner's motion and ordered the parties to arbitrate Respondent's claims. Respondent's Notice of Motion seeks an order that Petitioner shall pay Respondent's reasonable attorney's fees and costs related to...

Excerpt: ...s commenced on July 24, 2019, by the Attorney General of California on behalf of the People of this state. The complaint generally alleges that MAF, identified as a California Nonprofit Public Benefit Corporation, and the individual defendants engaged in a variety of wrongdoing including breaching fiduciary duties, self‐ dealing, engaging in deceptive and misleading solicitations, and violating applicable statutes and regulations. On April 2, 2...

Excerpt: ...al., in the U.S. District Court, Eastern District of Tennessee, Case No. 4:16‐cv‐00117‐HSM‐CHS, is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (20...

Excerpt: ...e scheme to acquire Plaintiff's confidential data and divert Plaintiff's customers and business opportunities to his competing business. Plaintiffs contend defendant concealed evidence of his illegal activities by removing and destroying the hard drive from his company‐owned desktop computer (the "Computer") prior to returning the Computer to Plaintiff with a new hard drive after he resigned. Plaintiff seeks the following discovery from defenda...

Excerpt: ...sisting of all current and former hourly‐paid or non‐exempt employees of Defendant within the state of California at any time from September 11, 2016 to the present. Plaintiff also brings a PAGA claim. See Plaintiff's First Amended Complaint, ¶ 13 ("FAC"). In this motion, Plaintiff seeks an order compelling Maxgen Energy Services Corporation ("Defendant") to provide further responses to Special Interrogatories. Plaintiff states that the disc...

Excerpt: ... 4th Avenue, Sacramento, California (the “Property”). Plaintiff and Defendant participated in a Mandatory Settlement Conference on January 30, 2019, in Department 59 and executed a written “Stipulation for Settlement Code of Civil Procedure Section 664.6; Order” (the “Stipulation”). An Order was signed by Judge Davidian that same day. (ROA 23.) Pursuant to the Stipulation, Defendant was to sell the Property and pay Plaintiff $12,000 f...

Excerpt: ...otify responding party immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact responding party prior to hearing, moving counsel is ordered to appear at the hearing. Defendants' request for judicial notice of Court Orders in other actions is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Profe...

Excerpt: ... 48 hours. The litigation coordinator is directed to have Plaintiff Alan Hammler available at oral argument on October 20, 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 October 20, 2021. Appearance is required. Self‐represented Plaintiff Allen Hammler's motion for ...

Excerpt: ...im Williams. (FAC ¶ 13.) She also alleges that her step‐father, demurring Defendant John Black was a minister and that her mother, co‐Defendant Kelli Black was a member. Plaintiff alleges that Mr. Black moved in with her mother, Ms. Black when she was 11. (FAC ¶ 15.) Plaintiff alleges that Mr. Black sexually molested her from the time she was eleven in 1994 until the time she was 16. (FAC ¶¶ 15‐29.) She alleges that the abuse occurred i...

Excerpt: ...ation coordinator is directed to have Plaintiff James Root available at oral argument on October 20, 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 October 20, 2021. Appearance is required. Defendants California Department of Corrections and Rehabilitation (“CDCR”...

Excerpt: ...Rules of Court, Rule 3.769.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and ...

Excerpt: ...to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Ci...

Excerpt: ...ent in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276; Van Bronkh...

Excerpt: ...school. Plaintiff alleges that CDI controlled and operated the pre‐school program and that CDI negligently hired/retained Mr. Turks, despite a prior record of similar conduct at his place of prior employment and CDI's knowledge of his unfitness as an employee. Plaintiff seeks a protective order “to prevent counsel for Defendant Continuing Development Inc. (“CDI”), from engaging in abuse of the discovery process by repeatedly making improp...

Excerpt: ...each of contract and more premised on allegations that Plaintiff failed to pay rent. At issue on the instant motion is Defendant Norman Leal's response to Plaintiff's special interrogatory no. 4 which asked Defendant to identify “which of the CrossComplainants entered into the oral agreement with Jensen as alleged in paragraphs 10 and 11 of the Cross‐Complaint.” Defendant interposed various objections but answered that “Elaine Jones enter...

Excerpt: ...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 American Economy Insurance Co. (“AEIC”) is DENIED. CICA's and AEIC's requests for judicial notice ar...

Excerpt: ...smission and overheating (“Defects”), Plaintiff seeks to compel Defendant to produce a person most knowledgeable (“PMK”) with respect to numerous topics in addition to producing certain documents at the deposition. The subject PMK topics deal with repairs to the subject vehicle, technical service bulletins (“TSB”) related to the subject vehicle, recalls, refusal to repurchase the subject vehicle, warranty policies, repair procedures, ...

Excerpt: ...employee Tommy Brower. Plaintiff alleges that Mr. Brower was in the course and scope of his employment with ACP when he was operating a concrete boom pump in close proximity to Plaintiff resulting in injuries to Plaintiff. Plaintiff claims that he has suffered cognitive impairments and behavioral changes due to the injuries. At issue on this motion is Defendant's response to Plaintiff's form interrogatory 2.5 which asks for Defendant's current ad...

Excerpt: ...net Riley, by and through her successor‐ininterest Damon Riley, alleges causes of action for Elder Abuse in connection with her stay at Countryhouse's “Memory Care Unit.” Plaintiff Damon Riley, Ms. Riley's son, alleges causes of action for Negligent Infliction of Emotional Distress and Wrongful Death. Plaintiff alleges that Ms. Riley was admitted to the facility to address her dementia, though she was otherwise healthy at the time. They all...

Excerpt: ...able to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The opposition fails to comply with CRC Rule 3.1113(f). Overview This is a lemon law action arising from plaintiff's purchase of a 2018 Jeep Cherokee. Plaintiff, represented by The Barry Law Firm, filed suit in June 2019 and ultimately agreed in July 2021 to accept defendants' Code of Civil Procedure §998 offer of $27,00...

Excerpt: ...ffs' 1AC advances against several defendants causes of action for medical malpractice, negligent hiring/supervision, negligent infliction of emotional distress and intentional infliction of emotional distress (“IIED”) based on conduct occurring in the spring of 2020, when plaintiff Leslie White was suspected to have suffered a heart attack. In pertinent part, the 1AC specifically alleges in the “Factual Allegations” section the following ...

Excerpt: ...Defendant on grounds he is an individual defendant and cannot be liable for retaliation and moves to strike paragraph 22 of the complaint on grounds it includes allegations barred by the statute of limitations. The motion is ruled on as follows. The parties' requests for judicial notice are granted. Plaintiff is a former employee of Defendant Sacramento County Sheriff's Department who provided some services to Defendant Elk Grove Unified School D...

Excerpt: ...l Notice Plaintiffs' Request for Judicial Notice is granted as to Exhibit 5, Plaintiffs' Second Amended Complaint. The Court declines to take judicial notice of the other exhibits because they were not relevant to the Court's determination of this motion. Overview This is an action between neighbors. Defendants' property sits 15‐20 feet above Plaintiffs' property to the north on a hill. Plaintiffs allege that “[Defendants] Wills have taken ad...

Excerpt: ...e 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. *** Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Factual Background This action was commenced on ...

Excerpt: ...tractual relations on grounds that no evidence shows that any DDS employee engaged in a wrongful act, and DDS is immune from liability because the actions of its employees were statutorily authorized and within their discretion in performing their official duties. Plaintiff's request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Pr...

Excerpt: ...counsel is directed to contact Plaintiff's counsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Plaintiff's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Plaintiffs' request for judicial notice of orders in other cases in federal district court actions and a decision from the Firs...

Excerpt: ...oyers: CVS Caremark, MBLOX, and Globetrend Consulting. (Opp. 4:17‐18.) DHCS also states that it has withdrawn the subpoena served on MBLOX because the company informed DHCS that it had no responsive records. (Curran Decl. ¶ 2.) DHCS does not state whether it has in fact withdrawn the subpoenas issued to Adobe, Xinet North Plains, Chela Financial Resources, or Sentry Alarm Systems as well. Therefore, based on the statements in DHCS's Opposition...

Excerpt: ...d upon 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. If moving counsel is unable to contact opposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing...

Excerpt: ...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 business‐related claims against Barnum and two other defendants. White alleges that in 2015, he and others decided to start a restaurant ente...

Excerpt: ...final fairness hearing to be held on this date. (Code Civ. Proc., § 382, CRC Rule 3.769.) As required by the applicable Rule of Court, the Court shall conduct a final approval hearing to inquire into the fairness of the proposed settlement. (CRC Rule 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act ...

Excerpt: ...t August 22, 2017, Cross‐Complaint entered into a commercial lease agreement with Lakeside for property in Folsom, CA. On or about January 15, 2018 and February 2, 2018, Cross‐Defendant Kenneth Roebbelen (the sole owner of Lakeside) physically visited the premises, yelled at Cross‐Complainant's employees, threatened Cross‐Complainant's employees, and threatened to throw property out on the curb. Cross‐Defendants also harassed Cross‐Co...

Excerpt: ...epresents the Patient Portal to be secure but when a person uses the Patient Portal, Sutter discloses certain information about such use to Facebook, Google, and other third parties. For example, Plaintiffs allege that upon signing into the Patient Portal, Sutter discloses the fact of the sign in and each patient's personally identifiable information to Facebook, Google, and Crazy Egg. (2AC, ¶¶ 5b, 8.) Once signed‐in, if a patient clicks to v...

Excerpt: ...s the Patient Portal to be secure but when a person uses the Portal, Sutter discloses certain information about such use to Facebook, Google, and other third parties. For example, Plaintiffs allege that upon signing into the Patient Portal, Sutter discloses the fact of the sign in and each patient's personally identifiable information to Facebook, Google, and Crazy Egg. (2AC, ¶¶ 5b, 8.) Once signed‐in, if a patient clicks to view allergies, a...

Excerpt: ...undefined or are ambiguous, etc., such objections are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3.1352, 3.1354.) The Court does not rule on Defendant's objections to evidence filed in support of the reply as they were related to evidence that was not considered or otherwise material to the Court's adjudication of the motion pursuant to CCP § 437c(q). This action arises from an incident that occur...

Excerpt: ...ce of the trial payment plan (the “TPP”) and loan modification documents on the ground that the SAC references the documents extensively, but fails to attach said documents to the SAC. Plaintiffs object on the grounds that the documents are subject to reasonable dispute and the SAC does not rely upon the terms stated in the documents. Defendant's request for judicial notice is granted as the SAC references the documents throughout and, theref...

Excerpt: ...endant”) purported failure to pay overtime and minimum wages, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, and failure to reimburse expenses. Plaintiff further alleged Defendant's policies and practices resulted in unfair competition and violated PAGA. Defendant denies the allegations, but the parties have been able to reach a compromise. Settlement Class Definition Plaintiff...

Excerpt: ...ed 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 Hume Lake Christian Camps, Inc.'s (“Hume Lake”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. The court considered Hume Lake's reply although it was filed one day late. I. Overview This is a personal i...

Excerpt: ...fornia Rule‐ making, Office of Administrative Law ("OAL") File # 2017‐0209‐02SR, March 24, 2017, which enacted the challenged regulations; Exhibit C: California Assembly Floor Analysis of AB 433 as amended on August 13, 2013; Exhibit D: California Senate Floor Analysis of AB 433 as amended on August 13, 2013. Plaintiff challenges regulations enacted by the Office of the State Fire Marshall ("OSFM") pursuant to Section 11350 of the Californi...

Excerpt: ... "Plaintiffs"), allege that Defendants 3 Point, Christopher MacPhail ("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. ...

Excerpt: ...egal description of the property. The Court will require a certified deed with the purple stamp to be lodged with the Court if the motion is refiled. Plaintiff /cross‐defendant Nick Evans seeks summary judgment / summary adjudication against defendants and cross‐complainants James W. Evans, Carolyn Evans, and James R. Evans (collectively, "Defendants"). Plaintiff contends there are no disputed issues of material fact such that Nick is entitle...

Excerpt: ...PIC's Evidentiary Objections to the Declaration of Ahmad are sustained for the reasons stated in the evidentiary objections. The Court will sign the formal orders on the evidentiary objections after the ruling becomes final. EPIC moves for summary judgment, contending that it has no duty to defend or indemnify the TWT Cross‐Complaint on behalf of EJ Tires and Auto Repair, LLC or Ejaz Ahmad. EJ Tires contends in the opposition that EPIC is reall...

Excerpt: ... 1117, 1138.) th Newberg on Class Actions (4th Ed.), the authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In reviewing a reques...

Excerpt: ...ndants") Plaintiff contends Defendants were negligent in that they rented the property to a dangerous tenant. On 9/23/2021, the court tentatively denied Defendants' motion for summary judgment, and took the matter under submission. The ruling remains under submission. No trial is scheduled. Plaintiff moves to amend his complaint to strike out the following allegations: "19. Plaintiff is informed and believes that Defendants knew or should have kn...

Excerpt: ...“Slater Fire”) in September 2020 in Siskiyou and Del Norte Counties in California and Josephine County in Oregon. Plaintiffs allege that the Slater Fire was caused by Defendant's electrical equipment within its utility infrastructure which contacted or caused sparks to contact vegetation. (Comp. ¶ 2) Plaintiffs allege that the utility infrastructure was designed to pass electricity through exposed powerlines in vegetated areas, that Defendan...

Excerpt: ... 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 October 20, 2021. Appearance is required. Defendants California Department of Corrections and Rehabilitation (“CDCR”), et al.'s demurrer to self‐represented Plaintiff James Roots' complaint is sustained with leave to amend. Defendants' request fo...

Excerpt: ...e Property. Plaintiff alleges that a dangerous condition existed at the Property. Defendants move for summary judgment on the basis that Plaintiff cannot demonstrate that they breached any duty or care and also cannot show causation. 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 iss...

Excerpt: ...ill 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 October 20, 2021. Appearance is required. Self‐represented Plaintiff Allen Hammler's “ex parte motion for order” is denied. The Court placed this motion on today's calendar on September 2, 2021, to be heard with Plaintiff's other two noticed mo...

Excerpt: ..., 2021. (ROA 460) Defendants sought terminating sanctions on the basis that Plaintiff refused to be deposed at her deposition and argued that discovery was closed. The Court rejected Plaintiff's argument that discovery was closed, at least with respect to her deposition as the parties' counsel had agreed to keep discovery open for Plaintiff's deposition. The Court declined to impose terminating sanctions but ordered Plaintiff to appear for her de...

Excerpt: ...matters. *** Plaintiff Michelle Watterson's (“Watterson”) motion to compel further responses to request for production of documents is ruled upon as follows. This is a personal injury action arising out of Plaintiffs Michelle Watterson, Christian Martinez, Barbara Coulombe and Kathleen Le's alleged exposure to hazardous chemicals on 5/11/2016 while working at a laboratory at California State University at Sacramento. Plaintiffs filed suit in ...

Excerpt: ...false light, intentional infliction of emotional distress, violation of civil rights and invasion of privacy. According to the complaint, the events giving rise to these causes of action generally occurred between December 2019 and September 2020. In August 2021 plaintiff's counsel issued a records subpoena to Kaiser Permanente asking for “All medical records reflecting the mental health of [defendant] Singh…generated between…January 1, 202...

Excerpt: ...is requested notify the clerk and the opposing party 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. *** Moving counsel is advised that where discovery responses (as opposed to further responses) are sought, the discovery requests need not be included with the moving papers. Proof of the discover...

Excerpt: ...t 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 is an action for breach of two promissory notes. Plaintiff Williams alleges that in May 2009, defendant S360 Holdings, LLC entered into the first promissory note in the amount of $500,000 which was secured by a Deed of Trust on the property that was being fin...

Excerpt: ...gument on October 19, 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 October 19, 2021. Appearance is required. Plaintiff John Doe, a minor, by guardian ad litem Holly Webb, moves for an order compelling the attendance of incarcerated Defendant Andre Ragland at deposi...

Excerpt: ...hearing, via Zoom video or audio, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendant moves to set aside the default pursuant to Code of Civil Procedure section 473(b) on grounds that the court may, upon any terms that may be just, relieve a party from default taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect, and on grounds that it is...

Excerpt: ...ior to that hearing explained that the Court was declining to consider the last four pages of the moving papers because they exceeded the page limit. However, during the hearing, counsel explained that they had numbered the brief's pages so as to include the table of contents, table of authorities, and caption, which do not count toward the 15‐page limit stated in Rule of Court 3.1113. The Court will therefore proceed to analyze the substance o...

Excerpt: ...ction in this court in which the defendants seek declaratory relief as to plaintiffs' entitlement to the relief requested herein. See Case No. 34‐2020‐ 00277329. The parties have not filed notices of related case in either case, nor have they sought consolidation. Background Plaintiffs allege they are entitled to be compensated for their services to 3650 REIT in assisting Defendants in their attempts to obtain a large investment from the Cali...

Excerpt: ...ime/caps pursuant to Cross‐Complainant's company policy. Prior to holding the role of Financial Manager/Financial Controller, Byrd was CrossComplainant's Human Resources Manager and was largely responsible for drafting Cross‐Complainant's policy on vacation time and accrual rates. (First Amended CrossComplaint (“FAXC”) ¶¶ 4‐5.) Between March 2020 and September 2020, Byrd intentionally paid herself more than the allowed accrual rate fo...

Excerpt: ...n Cross‐Complainant Janak K. Mehtani (“Mehtani”) and Cross‐Defendant Raj Sharma (“Sharma”) and a lease agreement between CrossComplainant Town and Country West G.P. (“Lessor”) and Cross‐ Defendant Eden Gardens Center, LLC (“Lessee”). Mehtani is the managing partner of Lessor and Sharma is the CEO of Lessee. Joint Venture Agreement On or about March 31 through April 2, 2018, Sharma and Mehtani entered into a written joint ven...

Excerpt: ...nt to state any cause of action against Defendants. Defendants' request for judicial notice is granted. The SAC alleges causes of action for (1) negligence, (2) concealment, (3) intentional misrepresentation, (4) total equitable indemnity, (5) implied indemnity, and (6) comparative contribution. The FAC alleged causes of action for (1) negligence, (2) concealment, and (3) fraudulent inducement. Background In August 2012, HBE Corporation (“HBE�...

Excerpt: ...l Allegations On or about October 2017, Plaintiff was hired to work for Employer and ultimately worked as a Licensed Broker Service Representative. (Complaint ¶ 10.) On or about June 2020, Plaintiff had a high‐risk pregnancy and informed her supervisor that she was pregnant and would require pregnancy disability leave due to her high risk pregnancy. Plaintiff's supervisor instructed Plaintiff to request her disability leave through Defendant's...

Excerpt: ...able 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 in Pro Per Krystina Maurer's Motion for Summary Judgment is GRANTED as follows. Overview In September 2018, the time of the incident that forms the basis of this lawsuit, Plaintiff's son and Defendant were going through divorce proceedings and living separately. At the time of the inciden...

Excerpt: ... motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. This action arises out of damage suffered to plaintiff Erica Gonzales' (“Plaintiff”) vehicle when it struck several parked cars. Plaintiff was not driving the vehicle at the time of the accident. Plaintiff filed her Complaint on June 16, 2020, alleging the follow...

Excerpt: ...endar to give counsel the opportunity for further meet and confer attempts. As noted in the Court's prior ruling continuing this matter, the motion had been filed on a two‐ day turnaround and without a full meet‐and‐ confer process. The parties met and conferred again prior to this hearing, however, and their Joint Statement represents that they were unable to resolve even a single aspect of their subpoena‐related disputes. The Court ackn...

Excerpt: ...ntact 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 Jeanie Larson's motion to quash six deposition subpoenas is ruled upon as follows. Request for Judicial Notice Defendant's request for judicial notice of the first amended complaint and answer filed i...

Excerpt: ...attorneys' fees of $ $28,817.00, as well as a 1.5 lodestar multiplier (or $14,408.20), plus $5,000 in anticipated fees for likely future work on the Reply and appearing at the hearing, for a total amount of $48,225.50 to be awarded to Plaintiffs. This is a lemon law action alleging causes of action pursuant to the Song‐Beverly Consumer Warranty Act (“the Act”). Defendant General Motors LLC (“Defendant” or “GM”) opposes. According to...

Excerpt: ...&S to release the mechanics' lien. (ROA 1.) ProFrame moves to compel arbitration pursuant to the Purchase Order Agreement (the “Purchase Agreement”) the parties entered into on February 10, 2021. The Purchase Agreement is for ProFrame to supply roof trusses to a work of improvement known as The Mansion Apartments located at 700 16th Street and/or 1517 H Street, Sacramento, CA 95811 (the “Project.”) (Withee Decl. ¶ 2, Exh. 1. (Purchase Ag...

Excerpt: ...nd motion to declare the Yeagers vexatious litigants follows this Court's prior ruling of September 26, 2018, which found the Yeagers to be vexatious litigants. (ROA 125.) In support of the prior motion, 14 of the Yeagers' prior litigations were submitted. This Court found eight of those satisfied the vexatious litigant statute, and because that exceeded the five required by CCP § 391(b)(1), held there was “no need to consider” the remaining...

Excerpt: ...s admitted related to Defendant's Request for Admissions, Set Two is DENIED as follows. At the outset, moving counsel is reminded that, in the future, multiple discovery motions should not be combined into a single motion. This motion seeks multiple forms of relief regarding four separate forms of written discovery, each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is pre...

Excerpt: ...f Evidence in Support of Plaintiff Zaka Vera's Motion for Order Compelling the Deposition of Jerry Mina, including Exhibits H and R, filed with this Court on or about March 24, 2021.” (ROA 288.) Plaintiff's request is granted insofar as the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that thos...

Excerpt: ...it account with Plaintiff. On January 5, 2021, the Court granted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he was driving a motor vehicle at the time of the incident, that he failed to drive with reasonable care, that he was the sole cause of the collision with the insured, that he caused the vehicle to be involved in a co...

Excerpt: ...ntiff alleges that in about 2017 and 2018, Plaintiff, and Defendants Zhong and Xie entered into discussions concerning the possibility of a joint enterprise of cultivation cannabis in Mendocino County, California. (Complaint, ¶ 12.) Plaintiff, Zhong and Xie agreed that if properties could be located and a license obtained for cultivation cannabis in Mendocino County, Plaintiff, Zhong and Xie would each own thirty‐ three 1/3 each of the enterpr...

Excerpt: ... on September 21, 2021. Opposition was due by September 24, 2021. Defendant did not file its opposition until September 27, 2021. Nevertheless, the Court considered the opposition. This action involves multiple accidents that occurred on September 26, 2016, on the Yolo Causeway and three actions that have been consolidated. Defendant the Estate of David Miranda's motion for summary judgment is set for October 6, 2021. Plaintiff seeks to continue ...

Excerpt: ...o pay overtime, failed to provide meal periods, failed to provide rest periods, failed to provide accurate wage statements, failed to timely pay final wages, engaged in unfair competition, failed to reimburse expenses, violated the PAGA, failed to pay prevailing wages, and failed to pay reporting time. Plaintiffs have also alleged Defendants are liable for a civil penalties under the PAGA based on these violations. Defendants have denied all of P...

Excerpt: ...Conditions and Restrictions (“CC&Rs”). The WBR consists of 237 homes which Plaintiffs allege is an equestrian community with a riding arena and trials. Plaintiffs allege that they purchased their home in February 2016 and moved in with their two horses. At the time they allege that the riding arena was in useable condition was regularly maintained by WBR. Plaintiffs allege that in October 2019 the Board of WBR stopped maintaining the riding a...

Excerpt: ...etable. At issue on this motion are Plaintiff's responses to Defendant's second set of special interrogatories and second set of request for production. There are approximately 190 interrogatories and 3 related requests for production and involve the sulfite or sulfur dioxide levels (“SO2”) of the allegedly damages wine. Defendant filed a voluminous 474 page separate statement and Plaintiff responded with a 969 page opposition separate statem...

Excerpt: ...ing 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. *** Defendants Matheson Postal Services, Inc. (“MPSI”) and Darrel Cowan's (“Cowan”) (collectively “Defendants”) motion for summary judgment against Plaintiffs Jason (“Jason”) and Robert Jaffe's (“Robert”) (collectively “Plaintiffs”) complaint is ruled upon as fo...

Excerpt: ...ssed 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/Cross‐Defendant Norman S. Wright Mechanical Equipment Corp.'s (“NSW”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is an action involving the construction of the Hampton Inn, a fo...

Excerpt: ... motion for summary judgment. (ROA 53.) On 7/28/2021, Plaintiffs dismissed the action without prejudice. (ROA 65.) Defendant filed its memorandum of costs on 8/17/2021. (ROA 69.) Defendant seeks a total of $9,021.35 in costs. Legal Standard “[T]he Legislature enacted Code of Civil Procedure section 1033.5, to expressly define the term “costs” as used in Code of Civil Procedure section 1032, the principal statute governing the right of a pre...

Excerpt: ...��MKI”), dba Precision M.D. Cosmetic Surgery Center (“Precision”) and Mahmoud Khattab ("Khattab") (collectively “Plaintiffs”) allege that Defendants formed a joint plan to defraud and deceive MKI. Plaintiffs allege that MKI employed licensed and experienced plastic surgery medical staff, but Precision is now operated by another medical doctor, and the practice of medicine and all medical personnel are supervised by this doctor. MKI curr...

Excerpt: ... 1.06, and does not provide the correct address for Dept. 53/54. 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, 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. Both the movin...

Excerpt: ...n action was commenced on 8/2/2019 and on 1/21/2020, plaintiff filed a proof of service which avers that substituted service of summons & complaint was effected on defendant Scurlock on 1/15/2020 at 3257 12th Avenue in Sacramento. More than a year later plaintiff filed on 5/5/2021 a request for entry of default and default judgment against defendant Scurlock. Default was entered the same date, with a default judgment for just over $4,000 later en...

Excerpt: ....1110(a). Factual Background This personal injury action arises out a 2017 motor vehicle accident. Trial was originally set to commence in 2019 but it has been continued several times. Relevant here is the most recent trial date of 7/12/2021, before which the parties made their initial expert designations on 5/24/2021 and based on this date, the parties' supplemental designation of experts, if any, were due on or before 6/14/2021 (since 6/13/2021...

Excerpt: ...Rule 3.1110(b)(1). All of the reply papers fail to comply with CRC Rule 3.1110(b)(1) and (3)‐(4). Factual Background This lawsuit arises out of a September 2020 contract whereby FTP agreed to construct a pool for defendants, who in turn agreed to pay for the pool. The parties agreed to a first addendum to the contract in early November 2020 and a second addendum in January 2021, with the latter calling for a final payment of roughly $12,500 fro...

Excerpt: ... paid, laid out, and expended to or for Defendant at Defendant's special instance and request. Plaintiff's request for judicial notice is granted. The request for judicial notice shows that Plaintiff's request for admissions to Defendant were deemed admitted on February 28, 2020. When 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 cau...

Excerpt: ... correct address for Dept. 53/54. 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, 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. Factual Background According to the 2AC, plai...