Excerpt: ...nsider these motions separately. Defendants' 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 (judicial notice of findings of fact does not mean that those findings of fact are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 (...

Excerpt: ...s exiting the mini mart he was distracted by large bright colored marketing posters placed at or near the gas pumps. Plaintiff took two steps off the curb and tripped on an unpainted wheel stop parking block. On May 17, 2021, Plaintiff served his Request for Production of Documents, Set One on Defendant. On July 16, 2021, Defendant served its responses. Thereafter, the parties exchanged meet and confer correspondence but were unable to resolve th...

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 and others on July 15, 2020 (ROA 1.) ...

Excerpt: ...o move for an order that the parties are bound by the expert disclosures they have served. The motion is DENIED as follows. Trial was originally set in this case for April 14, 2020 and was continued to April 19, 2021. (Finelli Decl., ¶ 2.) At that point, the discovery cutoff date was March 22, 2021. On March 1, 2021, Defendants disclosed experts Andre Jardini, Gerald Murphy, and Patrick DeLangis. (Ibid., Exh. 1.) Two days later, on March 3, 2021...

Excerpt: ...ounsel 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 Arletha Mae Johnson (“Mrs. Johnson”), by and through her attorney‐in‐fact David Johnson, Jr., commenced an action in this Court by filing a c...

Excerpt: ...ubject property from January 11, 2014 until June 28, 2018. (FAC ¶ 12.) After Plaintiffs moved in, Plaintiffs noticed the following defective conditions: (1) non‐functioning electrical outlets; (2) sewer problems; (3) construction dust; (4) faulty air‐conditioning unit; (4) termite damage; (5) biological contaminants due to water intrusion; and (6) insufficient weatherproofing. (FAC ¶¶19‐32.) Plaintiffs allege they were not aware of the d...

Excerpt: ...ll as business entities At Home Electric and Heath v. Fulkerson LLC and files this their Complaint against Albert & Mackenzie, Jeremiah Brasher, and The Hartford, and in support thereof would show the following to wit: That the Plaintiff, Heath V. Fulkerson, is an adult resident citizen of Lassen County, California, and that said Plaintiff is licensed to do business and is doing business in the State of California. That the Defendant, Albert & Ma...

Excerpt: ...ourt has jurisdiction to rule on the motion given the dismissal without prejudice. Defendant Sebright filed their supplemental brief and plaintiff's brief was due September 17, 2021. This motion was continued for several months to July 27, 2021 pursuant to CCP 437c (h). The court then continued the matter to August 31, 2021 for an update on the status of this case since no opposition to the motion was filed for the July 27 hearing date. Plaintiff...

Excerpt: ...to Plaintiff Monrell D. Murphy within 48 hours. The litigation coordinator is directed to have Plaintiff Monrell D. Murphy available at oral argument on September 23, 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 September 22, 2021. Appearance is required. The demurr...

Excerpt: ...ollows. Defendants' request for judicial notice of the Church's Articles of Incorporation filed with the Secretary of State is granted. Plaintiff filed action on July 17, 2020. On April 22, 2021, the Court sustained Defendants' demurrer to the Complaint on all grounds, but granted Plaintiff leave to amend. Plaintiff filed her FAC on April 30, 2021. (ROA 24.) The FAC continues to assert a single cause of action for breach of trust pursuant to Corp...

Excerpt: ...ction 226.7 (unpaid rest premiums); (4) violation of Labor Code sections 1194 and 1197 (unpaid minimum wages); (5) violation of Labor Code sections 201 and 202 (final wages not timely paid); (6) violation of Labor Code section 226(a) (non‐compliant wage statements); (7) violation of Labor Code sections 2800 and 2802 (unreimbursed business expenses); and (8) violation of Business and Professions Code sections 17200, et seq. (Unfair Competition L...

Excerpt: ...fety Code section 11570. The case arose out of conditions at premises located at 1319 30th Street, Sacramento, California, then known as the "Econo Lodge." LEG Investments is the owner of the property that it leased to tenant 2002 Investors to operate the hotel business. The City's Complaint sought a permanent injunction against defendants to enjoin illegal drug activities and prostitution under the Uniform Controlled Substances Abatement Act, He...

Excerpt: ..., alleging a number of claims under FEHA, including: (1) sexual orientation discrimination; (2) sexual harassment; (3) race discrimination; (4) disability discrimination; and (5) wrongful termination. Plaintiff alleges she suffered severe emotional distress, humiliation, and mental anguish and seeks punitive damages. Defendant's counsel sent a meet and confer letter on July 7, 2021, regarding the issue, but did not follow‐up and never received ...

Excerpt: ...ises from an alleged assault and battery that took place in the street in front of property owned and rented out by Moving Defendants. Plaintiff contends Moving Defendants were negligent in that they rented the property to a dangerous tenant. Moving Defendants seek summary judgment or adjudication on the ground that they did not owe any duty to Plaintiff for an assault that occurred in a public street between Defendants' tenant (defendant Bryan H...

Excerpt: ...oon”) joinder is denied. Greenspoon proffers no legal authority that a joinder is appropriate here, especially given that Greenspoon was dismissed from this action on May 29, 2018. (ROA 30.) The notice of hearing does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct time or department for the hearing on this matter. Moving counsel is directed to contact Plaintiffs' couns...

Excerpt: ...ainst after an investigator hired to investigate allegations of sex harassment found that he had committed sexual battery. The investigator, Ms.Lindgren, was an independent contractor hired to do the investigation District fired plaintiff over the findings of the investigation. Plaintiff alleges other facts concerning national origin harassment by a coworker but the motion does not address the claims arising from the harassment by the co‐worker...

Excerpt: ...led her Complaint on December 14, 2020. Defendant filed a demurrer, which was granted on May 20, 2021. (ROA 19.) Plaintiff filed her FAC on June 1, 2021. The FAC alleges that Defendant discriminated and retaliated against her in violation of the Americans with Disabilities Act (the “ADA”). Plaintiff alleges that she developed drug induced Dermatomyositis and drug induced Chronic Fatigue Syndrome. (FAC ¶ 2.) Plaintiff alleges she was employed...

Excerpt: ...ion and disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”) and whistleblower retaliation in violation of the Labor Code and Health and Safety Code. (ROA 49.) Plaintiff alleged she was retaliated and discriminated against based upon her uterine fibrosis and that she was fired because she reported a patient safety event. On July 29, 2021, the Court granted Defendant's motion for summary judgment. (ROA 203.) D...

Excerpt: ...erview Plaintiff is the beneficiary of, and the Successor Trustee of the Morris 1997 Family Trust (“Trust”). Plaintiff's mother, June Morris (“June”) was a settlor of the Trust. Plaintiff alleges that in June 2015, June acquired property on behalf of the Trust (“Property”). The Property is within a Common Interest Development for which the HOA acted as a Homeowners Association. Plaintiff alleges that Omni was an agent of and acted as ...

Excerpt: ...d into commercial lease (“Lease”). Lal and Nijjar are collectively referred to herein as “Defendants.” The purpose of the Lease was to operate a liquor store. On December 31, 2018, Nijjar executed a guaranty agreement (“Guaranty”), personally guaranteeing the obligations of Lal under the Lease. The Lease was to commence February 1, 2019. Pursuant to the Lease, Defendants agreed to pay $2,123 in base monthly rent beginning August 1, 20...

Excerpt: ...ms within 48 hours. The litigation coordinator is directed to have Plaintiff Tio Dinero Sessoms available at oral argument on September 22, 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 September 22, 2021. Appearance is required. Defendant Kenneth Rosenfeld's (“Ros...

Excerpt: ...lando Blackwell within 48 hours. The litigation coordinator is directed to have Plaintiff Orlando Blackwell available at oral argument on September 22, 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 September 22, 2021. Appearance is required. Defendants California Sta...

Excerpt: ...sked Gabi to see the books and records for HnH. Gabi performed accounting services for HnH from 2005 through 2017. In response to the request Gabi threatened to expose personal and embarrassing information about Hindy to his friends and family and to falsely tell his community that he was committing crimes like money laundering through HnH. Hindy alleges that in reality, it was Defendants Gabi, Deloris Habibeh (“Deloris”) and Blessed Family T...

Excerpt: ...he course and scope of his employment with Defendant Reliance Intermodal, Inc. at the time of the incident. In his response to Defendants' form interrogatory 6.2 which asked Plaintiff to identify any injuries attributed to the incident, Plaintiff indicated that he suffered injuries to his mid and lower back “with radicular symptoms in his left buttock and left leg; decreased lumbar range of motion in all directions, associated with paid; decrea...

Excerpt: ...rtified documents from the Secretary of State reflecting the reinstatement no later than September 15, 2021. Plaintiff failed to file the documents. As the Court stated on the August 19, 2021, Plaintiff's suspension prevents it from prosecuting or otherwise participating in the instant lawsuit. (ROA 24) In reality, the motion to strike is therefore unopposed. Though, as seen below, even if the Court considered the opposition, it provides no basis...

Excerpt: ...all or any party of any pleading not drawn or filed in conformity with the law. (See Code Civ. Pro. § 436 (a)‐(c).) A motion to strike challenges portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐83; see also Code of Civ. Proc. § 437.) More specifically, a motion to strike should be granted to remove "any irrelevant, false, or improper...

Excerpt: ...Code and more. Plaintiff was formerly employed by AAA NCNU as a Sales and Service Associate and Trent was her former manager. In connection with her employment, Plaintiff signed an Arbitration Agreement in June 2011. (Radu Decl. ¶ 12, Exh. C) The Arbitration Agreement states that: “…Employee and NCNU agree that any and all disputes, claims, or causes of action, in law or equity, arising from or relating to Employee's employment… shall be r...

Excerpt: ...fficer. Santos served at Defendant State of California, Department of Forestry and Fire Protection (“Cal Fire”) between 2011 and 2016. In 2015, Cal Fire suspended Santos' peace officer status pending an administrative investigation. Cal Fire served Santos with a Notice of Adverse Action in April 2016 and dismissed him soon after. At some point, Cal Fire notified POST of Santos' dismissal, and POST changed Santos' peace officer status to “te...

Excerpt: ... state facts sufficient to constitute a cause of action. (See Code Civ. Proc. § 430.10(e).) Myers LLC'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 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Cons...

Excerpt: ...tended to defendant. The proof of service filed on 11/16/2009 indicates the summons & complaint were served on defendant Hobdy by substituted service on “Jane Doe,” described as 50 year old female with black hair, brown eyes, weighing 160 pounds and being 5'5” tall, at 4938 49th Street in Sacramento on 11/5/2009. A default was subsequently entered against defendant Hobdy on 3/12/2010, followed by a default judgment of nearly $7,000. In 2019...

Excerpt: ...ly to complete the meet‐and‐ confer process in light of the Court's commentary on this discovery dispute but also to file no later than 9/3/2021 a joint statement for the Court. According to the declaration from defendants' counsel, plaintiff in pro per Vick declined to participate in not only the requisite meet‐and‐confer process but also the preparation of the requested joint statement from the parties. The Court now rules as follows. *...

Excerpt: ... the parties entered into in December 2019. Plaintiff commenced this action in May 2020 and personally served defendant in July 2020. Having not received any answer to complaint, plaintiff served by mail to Maryland (where defendant had relocated) a request for default and default judgment on 8/24/2020. According to the Court's file, both the default and default judgment were entered on 8/25/2020. The $12,861 judgment was in the principal amount ...

Excerpt: ... Standard The Court must grant a motion for summary judgment or summary adjudication if all the papers submitted show that there is no triable issues as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. § 437c(c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35.) Section 437c(c) imposes an affirmative duty on a court to grant a summary judgment motion in an appropriate case. (Preach v. Moister...

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: ...ssional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Defendant specifically demurs to Plaintiff's second cause of action for intentional infliction of emotional distress (“IIED”) on grounds that it fails to state facts sufficient to state a cause of action. (See Code Civ. Proc...

Excerpt: ...arly identical grounds. Therefore, in the interest of efficiency, both Demurrers are addressed in this single tentative ruling. NY Life and Kaneski's Demurrers are both SUSTAINED WITHOUT LEAVE TO AMEND for the following reasons. Procedural History This is NY Life's third Demurrer and Kaneski's first Demurrer. The Court sustained NY Life's first demurrer as to the sixth cause of action for receipt and possession of stolen property in violation of ...

Excerpt: ...nt Olam West Coast, Inc. (“Olam”) filed a Memorandum of Costs on Appeal and requested $1,435,383.18 in costs ($1,469.50 for filing fees, $124.18 for preparation of reporter's transcript, $125.50 for transmitting, filing, and serving of record, briefs, and other papers, and $1,433,664.00 for premium on any surety bond on appeal). Plaintiff's motion is mainly brought to obtain proof that the costs claimed were actually incurred. In particular, ...

Excerpt: ...rain warranty, and a 10‐ year 120,000 mile warranty extension. (Id. at ¶ 10.) Plaintiff alleges that, “during the express warranty period, the Vehicle developed various defects, including but not limited to, defects related to the power train system, including the engine, and/or transmission; and other defects.” (Id. at ¶ 11.) On or about October 27, 2020, Plaintiff presented the car to Defendant's repair facility with various concerns in...

Excerpt: ...nd‐hour provisions. The class is defined as: “All nonexempt employees who have or continue to work for Defendant in California from August 4, 2016 through the earlier of either June 15, 2021 or the Preliminary Approval Date.” (Exhibit A at ¶¶ 1.3 and 1.9.) Defendant Von Housen's Sacramento, Inc. filed a notice of non‐opposition to the motion. In approving a class action settlement, the Court is to determine whether the settlement is fai...

Excerpt: ...nd automobile accident in Folsom, California. Included within the Extended Benefits Coverage are two separate types of coverage: Wage Earner Disability Benefits and Essential Services Disability Benefits. Generally, Wage Earner Disability Benefits coverage applies to an insured's claimed lost wages during a time of total disability caused by an automobile accident. Essential Services Disability Benefits coverage applies to expenses incurred by an...

Excerpt: ...ard's Demurrer to the First Amended Complaint filed by the plaintiff, Mitchell Development Enterprises, Inc. is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. On March 18, 2021 the Court sustained the demurrer to the 1st Amended Complaint, with leave to amend. Second Amended Complaint A 14‐count felony complaint was filed in 2013 against two of the plaintiffs corporate officers, alleging ...

Excerpt: ...nator is directed to have Plaintiff Monrell D. Murphy available at oral argument on September 23, 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 September 22, 2021. Appearance is required. The demurrer of the California Department of Corrections ("CDCR") to the First ...

Excerpt: ...parties and advise them 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 the responding parties prior to hearing, moving counsel is ordered to appear at the hearing. Defendant's request for judicial notice of Botox Cosmetic labels accessed via the FDA website is unopposed, but is denied as these are not the proper subject of judicial notice. “Simply because...

Excerpt: ... bad faith) in connection with his claim for insurance benefits with respect to an insurance policy for his 2002 Fleetwood Truck Camper (“Camper”). Plaintiff alleges that the Camper sustained water damage from a leak in the roof and that Defendant breached the terms of his insurance policy when it denied his claim. He also alleges that Defendant acted in bad faith by unreasonably withholding payments under the policy. Defendant moves for summ...

Excerpt: ...t oral argument on September 22, 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 September 22, 2021. Appearance is required. Defendant Kenneth Rosenfeld's (“Rosenfeld”) demurrer to self‐represented Plaintiff Tio Dinero Sessoms' second amended complaint (“SAC”...

Excerpt: ...authorities. In addition, Defendants' opposition to both applications is contained in a single memorandum. Therefore the Court addresses both in a single ruling. This action began when Plaintiff filed his complaint against Defendants alleging a plethora of causes of action ranging from fraud, violations of the Corporations Code, breach of fiduciary duty, breach of contract, accounting and more. The action arises from Plaintiff's $500,000 investme...

Excerpt: ... 1138.) 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 request for pre...

Excerpt: ...*** Defendant United Parcel Service, Inc.'s (“UPS”) demurrer to Plaintiff Madisun Eisenbeis' (“Plaintiff”) complaint is ruled upon as follows. Overview Plaintiff alleges that sometime before 7/5/2020, she applied for work with UPS. She alleges that UPS, through co‐defendant Kevin Hollingsworth (“Hollingsworth”), offered her a position as a personal vehicle driver. At the time of the offer UPS knew that Plaintiff was employed elsewhe...

Excerpt: ...therwise it was to expire on December 31, 2016. Plaintiff alleges that after Defendant terminated the Agreement in October 2016 for convenience that Defendant wrongfully retained possession of certain equipment. In the First Amended Complaint (“FAC”), Plaintiff alleges causes of action against Defendant for conversion, breach of contract and others. Defendant purports to move for summary adjudication as to what it contends are “separate and...

Excerpt: ...ruction site. Plaintiff alleges a cause of action for negligence against ACP and its 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 a subpoena ...

Excerpt: ... of a peremptory writ with the Third District Court of Appeal, which Judge Burger‐Plavan granted. (ROA 181.) Plaintiff filed a peremptory writ, and the Third District Court of Appeal issued a peremptory writ of mandate directing the respondent court to vacate the order granting the motion for judgment on the pleadings. (ROA 187.) The Remittitur and Order were issued and served on 4/6/2021. (ROA 187.) Due to court congestion, the Remittitur was ...

Excerpt: ... contract” with FCA US LLC regarding a 2015 Chrysler 200 on February 14, 2015. (Comp. ¶ 15.) Plaintiff alleges that “[d]efects and nonconformities to warranty manifested themselves within the applicable warranty period, including but not limited to engine, transmission, and electrical.” (Id. ¶ 16.) Plaintiff alleges she delivered the vehicle to an authorized FCA US LLC repair facility for repair of the nonconformities but FCA US LLC was n...

Excerpt: ...ich is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Gregg Haworth's (“Defendant”) motion for summary judgment is ruled upon as follows. Overview This is an action concerning the sale of real property (“Property”). Plaintiff initially acted in pro per and filed his verified complaint on 5/7/2019 on a Judicial Council form. Plaintiff alleges that on 11/15/2016, he entered into a written...

Excerpt: ...ion 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 advantage of the natural contours between their two respective properties to install drainage tubes that direct all of their dog‐feces contaminated water runoff on to the Reeds' property, befouling the Reeds' backyard and destroying the...

Excerpt: ...aud, negligent misrepresentation, and unlawful business practices. Plaintiffs allege that Defendants created and deployed a fake air monitoring device affixed with a label that said “SMAQMD Air Monitoring Station,” and included the name and contact information for SCS Engineering employee Paul Schafer. Plaintiffs allege that the fake device and label were meant to deceive Plaintiffs, their employees, and their vendors by creating the false ap...

Excerpt: ...ersion, and trespass to chattels. Plaintiffs allege that Defendant agreed to sell a 55% interest in Metro and its permitted cannabis retail store in exchange for $800,000. Plaintiffs allege that the parties also entered a Continuity Agreement and that Baystone would receive an equal number of seats on Metro's board. Plaintiffs allege that Defendant has failed to comply with the parties' “partnership” and has been attempting to exclude Bayston...

Excerpt: ...lso authorizing three particular members of the Association's Board of Trustees to take control of the Association's accounts held at Chase Bank is ruled on as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises from a dispute relating to the control of the assets including bank accounts of the Association, a nonprofit corporation formed for the purpose of becoming the...

Excerpt: ...GRANTED. Defendants Churchwell White, LLP, Barbara A. Brenner, and Robin R. Baral (“Defendants”) oppose the motion. Request for Judicial Notice Defendants' Request for Judicial Notice (“RJN”), which attaches the pleading in this action, is unopposed and is GRANTED. Background This malicious prosecution action arises from an underlying action that was dismissed as to Plaintiffs by way of their anti‐SLAPP motion, such that this is a SLAPP...

Excerpt: ...based on the new hearing date. No supplemental opposition was filed. The Court therefore analyzes the motion based on the original papers filed in connection with the May 13, 2021 hearing date. Plaintiffs Char Feagins, et al. filed the instant wrongful death and survival action alleging a single cause of action for negligence/wrongful death against Defendant. They allege that J.C. Feagins, IV (the “Decedent”) was in custody at the Sacramento ...

Excerpt: ...ate status with the Secretary of State is "FTB Suspended" for its failure to pay taxes, and that given this suspended status, Defendant may not oppose the instant motion or defend itself in this action during the suspension. (Declaration of Attorney Daniel K. Ohl ("OhI Decl.") ¶¶ 4‐6, RJN, 112, Ex. L.) While Defendant filed papers in opposition to the instant motion, the Court did not find it necessary to consider the substance of those paper...

Excerpt: ...�Plaintiffs”) is ruled on as follows. Plaintiffs oppose the motion. This is an insurance bad faith action. Plaintiffs were allegedly shareholders, officers and/or directors of a suspended California corporation called Sacramento A‐1 Door. Defendants were Plaintiffs' insurance brokers. Plaintiffs' First Amended Complaint ("FAC") alleges damages resulting from the absence of insurance coverage available to defend and indemnify them from the cla...

Excerpt: ...s granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. Trial is currently set to commence on September 21, 2021. The Court notes that a further discussion of the case can be found in the ruling on Defendant's Motion for Judgment on the Pleadings, also on today's calendar. In this action, Plaintiffs Baystone and Metro Health Systems' (“Metro") original Complaint al...

Excerpt: ...erk entered the dismissal that same day. (Register of Actions ("ROA") 199.) On July 15, 2021, Defendants filed a Memorandum of Costs seeking total costs of $2,892.25. On August 2, 2021, Intervenors filed a Motion to Tax Costs. Legal Standard Prevailing parties are “entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc. § 1032(b).) The term “‘Prevailing party' includes the party with a net monetary r...

Excerpt: ...r past business income, future lost income, or economic damages related to alleged delay in completing the construction of the building at 9250 Big Hom Boulevard. In response to the Request for Admissions, Plaintiffs Mahmoud Khattab and Mahmoud Khattab, MD, Inc. admitted that they were not making damages claims for past income, future income, or economic damages related to delay in construction. However, Big Horn denied the Requests for Admission...

Excerpt: ...its employee forklift operator, negligently operated a forklift, causing a forklift load of stone slabs to fall onto Plaintiff while his truck was being loaded. Requests Nos. 11 and 12 seek policies and procedures to be followed by Defendant's employees when loading or unloading trailers on Defendant's property (No. 11) and when operating equipment, including fork‐lifts while on Defendant's property. (No. 12) Requests Nos. 16‐21 seek document...

Excerpt: ... One, is DENIED. This matter involves an agreement in which Plaintiffs hired CEE to construct gas processing facilities. Disputes have since arisen over, among other things, the cost of the facilities and obligations to pay. On May 3, 2021, Plaintiffs served Requests for Admissions, Set One. (Block Decl. ¶ 6.) CEE served written responses on June 2, 2021. (Block Decl. ¶ 7.) The parties then met and conferred and agreed any supplemental response...

Excerpt: ...concerning the motion to amend the complaint are granted. Plaintiff in his opposition requests leave to amend if the Court is inclined to grant the motion. That request is denied as the proposed amendment does not raise a triable issue of material fact. Plaintiff's evidentiary objections are overruled and in any event the evidence objected to was not necessary to the Court's ruling. This action involves a dispute over a 1991 Buy‐Sell agreement ...

Excerpt: ...ing sourdough bread. Until 2016, Plaintiffs operated their sandwich restaurants under a license issued by Defendants, which allowed Plaintiffs to use Defendants' trademarks. Pursuant to the license, Plaintiffs promoted their restaurants under the name “Sourdough & Co.” Plaintiffs terminated their licenses in 2016 and executed new licenses with WCSD, Inc. Plaintiffs then began operating their restaurants under the name and brand “West Coast ...

Excerpt: ...follows. Defendants request for judicial notice is granted. Plaintiff originally filed this purported class action on February 19, 2021, alleging claims for failure to pay wages, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to pay wages on termination, and unfair business practices. (ROA 1.) Plaintiff then filed the operative Amended Complaint on April 29, 2021, which alleges only a singl...

Excerpt: ... 368, n. 7. Plaintiff, a retired doctor who taught English as a second language, alleges she was injured on January 6, 2020 when an extremely loud horn blast from a gold‐line SacRT light‐rail train caused abrupt loss of hearing in her right ear when she was exiting near 24 Hour Fitness at 7th Street. She alleges she has lost her hearing and was required to undergo a hip replacement when she fell after the horn blast. She contends that the hor...

Excerpt: ...d Development Center (“Case”), a state funded preschool, where Plaintiff was attending preschool. 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. The third cause of action for negligence is the only cause of action asserted against CDI. In...

Excerpt: ...ement to produce documents in response to requests for production sets one, two, and three. The court's ruling stated in its entirety: “Plaintiff's motion to compel Defendant Hunter Services, Inc.'s (“Hunter”) compliance with its agreement to produce documents in response to requests for production sets one, two, and three is ruled upon as follows. The court observes that Hunter filed a untimely “non‐opposition” to the motion. The “...

Excerpt: ...g 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 James Koch and Yvonne Koch's (“Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. This is a personal injury action. Plaintiff Anita Lamb (“Plaintiff”) alleges that on October 25, 2017, she tripped on a co...

Excerpt: ...delivery van crashed into their vehicle. Soon Express is a Delivery Service Partner (“DSP”) of Amazon providing transportation and delivery of Amazon packages. Plaintiffs allege that Amazon is vicariously liable for their injuries. Specifically Plaintiffs claims that Soon Express was acting as Amazon's agent acting within the scope of its authority at the time of the accident and/or was Amazon's employee. At issue on this motion is a single r...

Excerpt: ...iled their cross‐ complaint against TKE alleging causes of action for equitable and express indemnity. Cross‐complaints now seek leave to file a first amended crosscomplaint to add causes of action for breach of contract and a prayer for attorneys' fees based on a claimed failure by TKE to defend and indemnify them pursuant to a hold harmless provision in a Building Services Contract. Cross‐Complainants bring the motion pursuant to CCP § 4...

Excerpt: ... at that time was the bankruptcy estate of Rock Ridge Properties, Inc. for Bankruptcy Case No. 15‐29103‐D ‐7 filed in the United States Bankruptcy Court for the Eastern District of California. The trustee of the bankruptcy estate was Susan K. Smith (“Smith”). In January 2019 Smith indicated that she was going to sell the Property to use the proceeds to pay creditors of the bankruptcy estate. Such a sale would have had the effect of canc...

Excerpt: ...he opposition provides no basis to deny the instant motion. In this real property dispute, Plaintiffs seek to have judgment entered pursuant to CCP § 664.6.in accordance with the parties' settlement agreement reached after mediation and approved by all parties and their respective counsel. Plaintiffs initially filed the instant lawsuit in February 2021 in connection with their purchase of a home from Defendants, whom Plaintiffs contend are exper...

Excerpt: ...FI”) consisting of customer names, addresses, dates of birth, social security numbers and account information. The 1AC asserts that an employee of Bank downloaded customer data to a personal storage drive and then sent the information to a third party, thereby exceeding his/her authorized access to the data which was otherwise limited to “legitimate bank purposes.” (1AC, ¶1.) According to the 1AC, Bank discovered the breach on 9/29/2020 bu...

Excerpt: ...ing procedure and the manner to request a hearing. If moving counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. In this elder abuse action, Defendant moves to file the following records under seal in support of its upcoming motion for summary judgment, or in the alternative, for summary adjudication: 1) Portions of the declaration of Bruce Helberg (Helberg) filed i...

Excerpt: ...ael, Inc., McGregor Home Garfield, Inc., McGregor Home Rancho, Inc., and McGregor Home Mt. Vernon, Inc. on October 30, 2018. (ROA 1.) The complaint alleged 11 causes of action, including wage and hour violations and fraud. (Ibid.) Helen Yee was added as a defendant on November 5, 2018. (ROA 9.) Defendants Yee and So filed answers on December 14 and 28, 2018, respectively. (ROA, 11, 24.) Plaintiffs requested entry of default with respect to the De...

Excerpt: ...uest) to Defendant on March 24, 2021. (Mov. Mot. P&A, p. 3.) On April 27, 2021, Plaintiff's counsel was emailed a proposed Stipulation and Protective Order concerning the handling of documents designated as confidential materials responsive to the Request. (Ibid.) Defendant served a response to the Request on April 28, 2021. (Ibid.) Plaintiff argues that response failed to comply with Code of Civil Procedure § 2031.280 (§ 2031.280) and the Stip...

Excerpt: ...t time of the accident. Amazon was named under vicarious liability and agency theories because Plaintiffs contend Amazon's subcontractor, Soon Express, carries insufficient insurance to cover the damages sustained in the accident. This motion seeks a protective order concerning Plaintiffs' Fifth Set of Requests for Admission (Set Five) and Fourth Set of Form Interrogatories (Set Four), which were served on Amazon on May 28, 2021. (Johnson Decl., ...

Excerpt: ...e three specific grounds for this demurrer that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, nor does it provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel ...

Excerpt: ...o reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This putative class action commenced on 3/16/2021 arises from a data breach involving “Private Financial Information” (“PFI”) consisting of customer names, addresses, dates of birth, social security numbers and account information. The 1AC asserts that an employee of Bank downloaded customer data to a personal...

Excerpt: ...arbara Mello, and Steven Mello (“Plaintiffs”) filed a Petition for Order Directing Payment Out of the Victims of Corporate Fraud Compensation Fund (“Petition”) against Defendant Dr. Shirley N. Weber in her official capacity as California Secretary of State (“Defendant”). According to Plaintiffs' Petition, Plaintiffs are individual investors who were victimized by Lee Loomis (“Loomis”) and his corporate entities in a corporate frau...

Excerpt: ...le on Plaintiff's "Objection to Defendants' Objections to Evidence." Plaintiff's Failure to File Responsive Separate Statement At the outset, the Court notes that a self‐represented party is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co. (1986) 186 Cal.App.3d 941, 944.) Thus, as is the case with attorneys, self‐represent...

Excerpt: .... The parties reached an informal settlement in which Plaintiff agreed to dismiss the action in exchange for the statutory repurchase of the subject motorcycle, with attorneys' fees and costs to be determined by motion. Pursuant to the settlement, the parties stipulated that Plaintiff is the “prevailing party” for purposes of this motion. The Act provides that a court “shall” award a prevailing buyer a “sum equal to the aggregate amount...

Excerpt: ...) This is a class and representative action alleging Defendant Safe Credit Union violated a number of wage‐and‐hour provisions. The class is defined as “All current and former California non‐exempt employees of Defendant within California who worked at least one shift at any time between July 30, 2015 and January 8, 2021.” Defendant filed a Statement of Non‐Opposition to both motions. In approving a class action settlement, the Court ...

Excerpt: ...Defendant's and Plaintiff's requests for judicial notice are granted. Defendant's notice of motion states it “brings this motion on the grounds that AIG's claims lack support in both law and evidence.” The notice of motion does not comply with the requirements of Rule of Court 3.1350(b), which provides: “If made in the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in support o...

Excerpt: ...r other amounts awarded against Plaintiff in this litigation; and requiring Plaintiff to obtain leave of court before filing any new litigant in propria persona in the courts of California, consistent with Code of Civil Procedure section 391.7. The motion is ruled on as follows. The notice of motion states ISS makes the motion on the following grounds: (1) Plaintiff has attempted to relitigate issues, without regard to procedure or merit, even af...

Excerpt: ...lations Board (“NLRB”) alleging retaliation in engaging in concerted activity to improve working conditions. The NLRB dismissed Plaintiff's charge that she was placed on administrative leave in retaliation for concerted protected activities. Plaintiff thereafter filed her complaint in this Court alleging five causes of action: (1) Violation of Labor Code § 1102.5; (2) Violation of Labor code § 6310; (3) Failure to Provide Adequate Meal and ...

Excerpt: ...ing party forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to the hearing, counsel for moving party shall be available at the hearing, via Zoom video or audio, in the event opposing party appears without following the procedure set forth in Local Rule 1.06(B). Plaintiff is a former non‐exempt employee of Defendant Life Ge...

Excerpt: ...nd the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to the hearing, counsel for moving party shall be available at the hearing, via Zoom video or audio, in the event opposing party appears without following the procedure set forth in Local Rule 1.06(B). Plaintiff Jazmine E. Tucker ("Plaintiff") filed a Complaint against FCA US LLC and Elk Grove Dodge arising from a purchase ...

Excerpt: ...against Plaintiff entered on May 27, 2021 (“the Judgment”) to stay enforcement of the Judgment during the pendency of Conservator's appeal. The motion is ruled on as follows. Defendant's motion is made pursuant to Code of Civil Procedure section 917.9 on grounds that the Court should exercise its discretion and require a bond or undertaking from Conservator because: (1) the judgment is large, and will almost certainly increase by a substantia...

Excerpt: ...or 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. Defendant Singh's request for judicial notice of his Driver Logs is DENIED as the docum...

Excerpt: ...nly known as Madeira East Village, constructed and sold by Taylor Morrison of California, LLC, and other related entities. Defendant seeks to stay the action and to compel compliance with SB 800 Right to Repair Act. (Civil Code 930(b) Plaintiffs and Taylor Morrison were actively engaging in the pre‐litigation process as required SB 800, which affords Taylor Morrison the absolute right to inspect and effectuate repairs to Plaintiffs' homes befor...

Excerpt: ...ir Employment and Housing Act (FEHA) violations, including sex and race harassment. Plaintiff alleges in her Complaint that individual Defendant Mark Carrillo ("Carrillo") harassed her on a daily basis, that individual Defendant Brent Harwood ("Harwood") constantly made racially and sexually offensive comments and conduct to her throughout her employment, that both Carrillo and Harwood made such comments in front of other coworkers, and Plaintiff...

Excerpt: ...ided the cat needed an injection. "The employees put a blanket over the head of the Plaintiff's cat. One employee held the Plaintiff's cat's head and neck and then asked Plaintiff to hold her cat's rear legs, and Plaintiff did so. As an employee was getting ready to inject the Plaintiff's cat, the Plaintiff's cat turned and bit Plaintiff's right hand." (First Amended Complaint, ¶ IX.) Plaintiff alleges a single claim for personal injuries based ...

Excerpt: ...t in an expedited fashion. (See ROA 12) The Request for Judicial Notice by Plaintiff James V. Lacy is denied. Plaintiff asks the Court to take judicial notice of information about an ongoing murder trial as well as a news article and television news clip related to the trial. A news article and a television news clip cannot be used to establish the truth of the matters asserted. Courts should not take judicial notice where the subject matter is n...

Excerpt: ...g system. If moving counsel is unable to contact the opposing parties prior to hearing, moving counsel is ordered to appear at the hearing. This action arises from an alleged an assault and battery. Plaintiff filed his complaint on December 17, 2019, alleging claims for negligence per se, assault, battery, and intentional infliction of emotional distress against defendant Bryan Hart (“Hart”) and alleging claims for negligence against defendan...