Excerpt: ...7/2016 at 4:32 p.m. at 8640 Heppner Ct., Elk Grove, CA 95624. Substitute service was made on "JOHN DOE (REFUSED NAME), CO‐OCCUPANT CAUCASIAN, Male, 69+ yrs old, 5'10" tall, 220 lbs., GREY hair." Default was entered on 12/16/2016. Default judgment was entered on 6/8/2017. Defendant moves to set aside pursuant to CCP 473.5. The motion is untimely. CCP 473.5 provides that "[t]he notice of motion shall be served and filed within a reasonable time, ...

Excerpt: ... of action against Defendant under the Private Attorney's General Act (“PAGA”), alleging Defendant violated various wage and hour statutes. On February 6, 2016, Plaintiff served Defendant with RFP (Set Two), which contained a single RFP (RFP 53) that requested the following: All documents sufficient to identify the composition and hierarchy of the Defendant's business operations, including but not limited to the identification of all employee...

Excerpt: ...ccount Stated based on a credit card account. Discover Bank presents the following facts in its separate statement: Defendant applied to plaintiff for a credit card account and entered into a written credit card account agreement with plaintiff for the account number ending in 8749 (the "Account"). See Plaintiffs Separate Statement of Undisputed Material Facts #1, #10 ("Separate Statement"). The defendant agreed to be bound by the terms and condi...

Excerpt: ...ntially the same. Plaintiff filed her original complaint in July of 2017 alleging a single cause of action for negligence premised on allegations that she tripped and fell on a dangerous condition on a sidewalk located in front of the Old Navy store. The Defendants are entities that allegedly owned, managed, and/or controlled the shopping center where the incident occurred Plaintiff filed a motion to amend the Complaint. After receiving leave to ...

Excerpt: ...ies could explore resolution of the case by loan modification. On June 28, 2019, at the hearing, the Court was advised that a loan modification was submitted on June 7, 2019. The matter was then continued again to September 11, 2019, to allow for additional discovery. The Court ordered plaintiff to submit a “supplemental brief, updating the status of the case,” and Rushmore was to submit a supplemental reply brief. On September 11, 2019, the ...

Excerpt: ... violates CRC, Rule 3.113(d) (“Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages.”) The Court has considered the oversized brief in its discretion. Plaintiff's opposition was untimely by one day. However, the Court has considered the merits in its discretion, as there was no apparent prejudice to Defendant as a result of the delay. Both parties are advised that failure to comp...

Excerpt: ...Dignity Health's Mercy San Juan Hospital and the alleged emotional distress suffered by her daughter, plaintiff Megan Babb, M.D. (“Dr. Babb”). Plaintiffs TAC alleges causes of action against Dr. Ghayyur Quereshi and Dignity Health for elder abuse, medical negligence, and NIED. This demurrer concerns only the 1st cause of action for Abuse of a Dependent Adult. The Court previously sustained the demurrers to the elder abuse cause of action with...

Excerpt: ... allege the following causes of action: (1) willful misconduct; (2) negligence; (3) elder abuse; (4) breach of fiduciary duty; (5) wrongful death; and (6) loss of consortium. The Complaint was filed on September 1, 2016. The first amended complaint was filed on July 9, 2019 after the demurrer to the original complaint was sustained with leave to amend. Plaintiffs allege Decedent was admitted to UC Davis on August 19, 2014 for a scheduled kidney t...

Excerpt: ...receiving it. Typically, the hearing date would automatically be continued one week plus one court day for oral argument. However, the Court Holidays, the hearing date shall be continued to December 4, 2019. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, whi...

Excerpt: ...'s tentative ruling system as required by with C.R.C., Rule 3.1308 and Local Rule 1.06(D). Local Rules for the Sacramento Superior Court are available on the Court's website at . Counsel for moving party is ordered to notify opposing party immediately of the tentative ruling system and to 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). Ba...

Excerpt: ... (“Defendant”) to serve further responses and to produce documents responsive to RFPs 22 and 24, without objection. This is an insurance bad faith case and also sounds in breach of contract. Plaintiff alleges that he was insured by Geico under an automobile policy covering his Mercedes Benz CL600. Plaintiff alleges his car was damaged on September 16, 2016 and that Geico denied his claim in violation of the insuring agreement and the covenant...

Excerpt: ...further responses to Plaintiff's Request for Production of Documents, Set One, numbers 1, 17, 21, 22, 26, 27, 32, 34, 60, 70, 79‐82, and 91‐92 (collectively, the “Requests” or “RFPs”). This is a lemon law action arising from Plaintiff's purchase of a 2012 Jeep Wrangler. According to the moving papers, the Requests are divisible into three categories: (1) Defendant's internal investigation and analyses of the alleged defects in Plainti...

Excerpt: ...ttlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to the settlement. The Cour...

Excerpt: ...fs now seek leave to amend to (1) add two defendants, Freedom Health Partners LLC and Financial Health Accounting, LLC, and (2) assert joint employer and alter ego allegations against Defendants. Plaintiffs contend that Defendant will not be prejudiced by the amendment, because the case is only eight months old, and no trial date has been set. Plaintiffs note that Defendant previously stipulated to an amendment to add Freedom Health Partners as a...

Excerpt: ...Plaintiff”), filed this action on April 2, 2019 in Sacramento Superior Court, asserting a single cause of action under the PAGA and seeking civil penalties ‐ on behalf of Plaintiff and other current and former non‐exempt employees (Compl. ¶ 18) ‐ for the following alleged Labor Code violations: (1) failing to pay all meal period wages and rest break wages, (2) failing to properly calculate and pay all minimum and overtime wages, (3) fail...

Excerpt: ...ty in support of such a motion. Plaintiff voluntarily dismissed this action with prejudice in April 2017. Here, “[t]he dismissal with prejudice of the lawsuit deprived the superior court of subject matter jurisdiction. Absent a pending lawsuit, a court cannot issue judgments or orders.” ( Hagan Engineering, Inc. v. Mills (2003) 115 Cal.App.4th 1004, 1007.) While CCP § 664.6 provides a mechanism for the Court to retain jurisdiction over the p...

Excerpt: ...Johnson and Matt Carrol's joinder is denied. Pursuant to Local Rule 2.09, a party desiring the same relied as another must comply with all procedural requirements for filing of motions, including proper notice, format etc. The joinder does not comply with these requirements. The joinder was served on November 5, 2019. Service on November 5, 2019, for a November 12, 2019, hearing date only provided four Court days' notice which is insufficient pur...

Excerpt: ...te's “motion to compel document production from defendant Chris Barnum” is ruled on as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). The notice of motion also fails to clearly specify whether the present motion is one seeking defendant Barnum's further responses pursuant to Code of Civil Procedure §2031.310, defendant Barnum's compliance pursuant to Code of Civil Procedure §2031.320...

Excerpt: ...Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most 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...

Excerpt: ...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 Cir. 1992) 955 F.2d 12...

Excerpt: ...welve causes of action against numerous parties based on allegations that she was injured after undergoing electric shock therapy at Defendant's hospital. With respect to Defendant Plaintiff alleges the ninth cause of action for negligence, the tenth cause of action violation of Business & Professions Code § 17200, and the twelfth cause of action for injunctive relief. Ninth Cause of Action (Negligence) Defendant's demurrer is overruled. Defenda...

Excerpt: ...th the care and treatment provided to his spouse Linda Novotny (the “Decedent”). The demurrer is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) With respect to the first cause of action, there are no allegations regarding what either of the Defendants did or did not do that was improper and/or how their conduct caused the Decedent's death. In addition, Plaintiff has bro...

Excerpt: ...lication by counsel for withdrawal." (2 Mallen & Smith, Legal Malpractice, Statutes of Limitations, supra, § 18.12, p. 120.) The right of an attorney to withdraw from employment is not absolute. (Vann v. Shilleh (1975) 54 Cal. App. 3d 192, 197.) An attorney may withdraw at will or for personal reasons only with the consent of his or her client, or without that consent if withdrawal is approved by the court. (Ramirez v. Sturdevant (1994) 21 Cal. ...

Excerpt: ...ice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. Factual Background This is a personal injury action in which defendants have demanded a medical examination of plaintiff pursuant to Code of Civil Procedure §2032.010 et seq. Plaintiff appeared for examination but it was suspended when a dispute arose relating to the questions asked by the examiner. The examination was rescheduled but wa...

Excerpt: ...betted this scheme and caused damage to plaintiffs. At issue here are approximately 30 “internal credit and underwriting reports” called “Credit Presentation Reports” (“CPR”), which were prepared in connection with various bank loans extended to Wannakuwatte's business, International Manufacturing Group. Pursuant to the parties' existing protective order, defendants produced a multitude of documents they insist are “confidential” ...