Excerpt: ... leave to amend. Paul is incarcerated and both Plaintiffs are proceeding in pro per. Plaintiffs filed the Complaint for civil rights violation, cruel and unusual punishment, negligence, and breach of duty on February 8, 2021. Paul alleges he was subjected to deliberate indifference in violation of the Eighth Amendment (cruel and unusual punishment) when attacked in prison on January 24, 2020, and that Defendants were negligent because the unnamed...

Excerpt: ...nimum wages, provide meal and rest breaks, and more in violation of the Labor Code. By way of the instant motion Plaintiff seeks leave to file a first amended complaint to allege that the Defendants are personally liable under Labor Code § 558.1. Plaintiff also seeks to make other minor changes including removing a defendant. Plaintiff also seeks to reopen discovery on the basis that a significant period of time has passed since the initial tria...

Excerpt: ...l 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 hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This is a lemon law case in which defendant has demanded to inspect plaintiff's vehicle. Afte...

Excerpt: ...e 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 hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This action was commenced on 3/1/2019 and plaintiff generally alleges he suffered harassment, disc...

Excerpt: ...assment, failure to prevent harassment/retaliation and retaliation. Plaintiff alleges that he interviewed with Defendant Arakji for a position at GSA as an Information Technology Specialist 1 in April 2019. (Comp. ¶ 14.) He alleges that Defendant Arakji offered him the position in May 2019 and he accepted. (Id.) Plaintiff alleges that Defendant Arakji began to engage in inappropriate conduct soon after he started the position. He alleges that De...

Excerpt: ...rescent Hotels & Resorts, LLC (“Crescent”) and 9750 Airport Management, LLC (“9750”) (collectively “Defendants”). On December 8, 2016, plaintiff Anatoli Romanov ("Plaintiff Romanov") filed a class action complaint entitled Anatoli Romanov v. Crescent Hotels & Resorts, LLC, et al., in the Sacramento County Superior Court, Case Number 34‐2016‐00204535 (the "Romanov Action"). The Romanov Action asserts the following causes of action ...

Excerpt: ...der FEHA for age discrimination, harassment based on age, and retaliation. He also alleges a cause of action for constructive discharge Prior to the instant motion to strike, Defendant demurred on three occasions to the previous iterations of the complaint. Defendant moves to strike paragraph 10 of the 5AC which alleges that prior to the 2016 school year, Defendant “notified Plaintiff that he would be involuntarily removed from teaching high sc...

Excerpt: ...The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom, telephonically, at 9:00 a.m. on the date of the continued hearing date, which is August 25, 2021, to participate in oral argument. To appear on Zoom telephonically, cal...

Excerpt: ...mended Class and Representative Action Complaint (SAC), Defendant Roofline, Inc. (Defendant) is a roofing and building material supplier and delivery company. (SAC, ¶ 14.) Plaintiffs and other non‐exempt employees were required to load heavy building materials from Defendant's warehouse to flatbed trucks, and then deliver the orders to Defendant's customers or job sites. (SAC, ¶ 15.) On November 27, 2019, Plaintiff Gary Sifuentes filed a clas...

Excerpt: ...2012. Kohl filed a lawsuit against the Truongs in July 2012, claiming the Truongs breached their contract (Construction Action). The Truongs hired Larry Ring, Esq., who filed a cross‐complaint against Kohl in August 2013. Larry Ring withdrew from representation of the Truongs in May 2014. The Truongs then retained the law firm Nageley, Meredith, & Miller, Inc., where attorneys Jim Keowen and Andrew Weil (Keowen and Weil, respectively) handled m...

Excerpt: ...laint alleged negligent and intentional infliction of emotional distress and the following violations of the Fair Employment and Housing Act: (1) discrimination on the basis of race, ancestry, national original, or color; (2) disability discrimination; (3) retaliation; (4) hostile work environment based on race, ancestry, national origin or color; (5) hostile work environment based on disability; (6) hostile work environment based on Plaintiff's ...

Excerpt: ...est Service Co. Inc. (Plaintiff) filed the underlying complaint on November 25, 2020 against Defendant Lisa Wiley (Defendant), alleging common counts. (ROA 1.) Defendant failed to respond to the summons and complaint. Plaintiff requested Entry of Default against Defendant on March 17, 2021, which the Court entered on that same date. (ROA 7, 8.) Defendant now moves to set aside the entry of default and Plaintiff opposes the motion on the merits. A...

Excerpt: ...deral Action Plaintiff Shannon Dockery (“Plaintiff”) filed an action on March 9, 2021, in the United States District Court for the Eastern District of California, Dockery v. Frontier Communications Corp., No. 2:21‐cv‐416‐ TLN, in which she seeks to represent a nationwide class and a California statewide class (the “Federal Action”). Plaintiff's original Complaint in the Federal Action Plaintiff alleged 13 causes of action under the ...

Excerpt: ...smissing Plaintiff's putative class/representative action claims in accordance with the class/representative action waiver contained in the DRP; and staying this action until an arbitration was conducted and concluded. Plaintiff opposes the motion, arguing his PAGA claim cannot be compelled to individual arbitration because (1) Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, bars individual arbitration of PAGA claims as against pu...

Excerpt: ...udgment 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 Rainbow (1993) 12 Cal.App.4th 1441, 1450.) The Court...

Excerpt: ...(“PMK”) regarding insurance provisions in the 2018 contract between WCA and CCSD. CCSD has filed a concurrent motion to compel the same depositions and request for sanctions. As the motions involve the same two depositions and substantially similar issues and arguments, the Court will address both motions in this single ruling as follows. Factual and Procedural Background This action arises out of an incident that occurred on July 14, 2018, w...

Excerpt: ...uality Water Management, Inc.'s and Josh Brown's (collectively, “Defendants”) purported failure to pay overtime and minimum wages, failure to provide meal and rest periods, and failure to provide accurate wage statements. Plaintiff further alleged Defendants' policies and practices resulted in unfair competition and violated PAGA. Defendants deny the allegations, but the parties have been able to reach a compromise. Settlement Class Definitio...

Excerpt: ...mber 12.1 asked GM to identify witnesses and individuals who witnessed the "INCIDENT," made statements, or have knowledge of the "INCIDENT." GM objected, but also responded: "Other than (i) Plaintiffs, (ii) employees of the dealership(s) where the vehicle was serviced, and (iii) GM call center advisors with whom Plaintiffs may have communicated regarding the SUBJECT VEHICLE, GM is not aware of any other individuals who have information. According...

Excerpt: ... and Plaintiff fails to show that any classification adopted by the Tiered Registry Law is not rationally related to any conceivable state objective. The demurrer is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(D). Counsel for moving party is directed to contact opposing party forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling...

Excerpt: ...essed and used his medical records in connection with their divorce and child custody proceedings. This Court previously granted Defendant's motion for summary judgment but that order was reversed by the Third District Court of Appeal as to the causes of action for invasion of privacy and IIED. Plaintiff is not claiming any bodily injury in this action though he does allege that experienced significant emotional distress as a result of the use of...

Excerpt: ...mine 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 Cir. 1992)...

Excerpt: ...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 Terminix International Company Limited Partnership's (“Terminix”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This action is essentially a landlord/tenant dispute due to a bed‐bug infestation...

Excerpt: ...r and race and in retaliation for making an internal complaint of discrimination/harassment against her supervisor. At issue on the instant motion are Plaintiff's responses to SMUD's requests for admissions (set one) and the accompanying form interrogatory 17.1 (which asks for facts/witnesses/documents supporting any denial of the request for admissions). The subject discovery relates to Plaintiff's allegations that she suffered severe emotional ...

Excerpt: ...21, by the Hon. Cecily Bond (ret.) in Respondent's favor. The arbitration arose from Petitioners' claims for intentional misrepresentation, breach of contract and the breach of covenant of good faith and fair dealing in connection with Respondent's sale of Insight Computing, LLC and Shedlight Technology, LLC to them. Petitioners claimed that Respondent provided inaccurate and misleading information regarding the financial condition of the compani...

Excerpt: ... Rite Aid store located at 6661 Auburn Boulevard, Citrus Height, California. As Decedent entered the store, she was knocked to the floor by fleeing robbers of the pharmacy causing Decedent to suffer serious injuries which ultimately caused her demise. Decedent was urgently hospitalized for said injuries and died on December 2, 2017. They further allege that Defendants Thrifty Payless, Inc. d.b.a Rite Aid (“Defendant”) “had actual and/or con...

Excerpt: ...eks to seal the entirety of Kathryn Hoops' deposition transcripts which are exhibits C‐E in support of the motion for summary judgment. Defendant contends that the transcripts contain proprietary, confidential and private information. Defendant also seeks to seal portions of its memorandum of points and authorities, and portions of its separate statement in support of its upcoming motion for summary judgment that reference Helberg's declaration...

Excerpt: ...leging causes of action for breach of contract, breach of the covenant of good faith and fair dealing, “deceit,” “concealment,” based on allegations that Plaintiff charges credit card interest in excess of allowable rates. Cross‐complaint seeks leave to amend his cross‐complaint which he originally filed in March 2019 to delete two causes of action for deceit and fraud to “streamline[] his action into two causes of action which will...

Excerpt: ... vehicle had not been involved in any collisions. Based on this representation, plaintiffs agreed to purchase the vehicle and executed a Retail Installment Sales Contract (“RISC”) pursuant to which plaintiffs made a $1,500 down payment and financed the remainder of the $11,988 purchase price plus taxes and other fees. This RISC was later assigned to Westlake Services, LLC (“WSL”). Plaintiffs subsequently discovered the vehicle had been in...

Excerpt: ...(Plaintiff) and various Defendants with respect to a purchase and sales agreement for the purchase of real property known as the Howe Manor Apartments (the Property) for $15,800,000. Plaintiff filed its original complaint on September 13, 2019 (ROA #1), a First Amended Complaint on October 24, 2019 (ROA #9), a Second Amended Complaint on July 16, 2020 (ROA #137), and a Third Amended Complaint on June 5. 2019. (ROA #165.) According to the Third Am...

Excerpt: ...clerk and opposing party of the specific issues and/or causes of action that will be addressed at the hearing. The parties are reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Background This action arises out of plaintiff's imprisonment following his 2003 conviction for arson, for which he was sentenced to 21 years in state prison as well as 16 months for probation violation. Plaintiff...

Excerpt: ... investment property. Now that they are no longer in a relationship, each disputes the other's interest(s) in that investment property. (Compare Compl. with Cross‐Compl.) Plaintiff Christopher Steele initiated this action when he filed his verified complaint on September 27, 2019, alleging a cause of action for partition by sale of real property and a cause of action for accounting. According to Plaintiff's Complaint, the real property at issue...

Excerpt: ...Defendant then filed an Answer. Attached to the Declaration of Hanna Kerfan (“Kerfan Decl.”) as Exhibit "2" are Defendant's Responses to Plaintiff's Request for Admissions (“RFAs”). Plaintiff asserts that “In response to the Request for Admissions, Defendant implicitly admitted they were issued the Credit Card in question and directly admitted that they were the only person to use the credit card in question. Furthermore, Defendant admi...

Excerpt: ...ENIED IN PART as follows. Background This litigation arises from a business dispute in which Plaintiffs Ericson Real Estate LLC, Chris MacPhail, and Dorothy MacPhail (“Plaintiffs”) allege that Defendants 3 Point Real Estate & Construction, Inc. (“3 Point”) and Chris MacPhail (“Chris”) took profits belonging to the partnership. According to Plaintiffs' Third Amended Complaint, Plaintiff Scott Ericson (“Scott”) met Chris and his wif...

Excerpt: ...Plaintiffs allege that Defendants provided negligent pre‐natal care and failed to provide adequate care related to Night‐Naiome's delivery. At the time of Night‐Naiome's birth, Mr. and Mrs. Pearson were enrolled as members of Kaiser Foundation Health, Inc. under a group membership agreement between Kaiser and Mr. Pearson's union. When Mr. Pearson enrolled himself and his wife in the health plan, he completed an Active Plan and Special Plan ...

Excerpt: ...ctions filed with Plaintiffs' reply because the matters objected to were not material to the Court's determination of this motion. Overview This is a personal injury action arising out of an accident between two trucks. Hall is sued as an individual doing business as Panther Pilot Car. Hall was following one of the trucks involved in the accident performing pilot car services for the second truck. On April 30, 2021, Plaintiffs served form interro...

Excerpt: ...eers 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.) Plaintiff David Ben Vanenger purchased a 2014 Jeep Wrangler (“the Vehicle”) manufactured by Defendant FCA. (Compl. ¶ 7.) The purchase was memorialized in the sales contract titled Retail Installment Sale Contract ‐ Simple Finance Char...

Excerpt: ...efendant's request for judicial notice is granted. Defendant alleges Plaintiff's first cause of action for implied‐in‐fact contract, second cause of action for open book account, third cause of action for quantum meruit, and fourth cause of action for quantum meruit each fail because Plaintiff was required to accept as payment in full the Medi‐Cal fee schedule amounts set by state and federal law. Defendant also claims the first cause of ac...

Excerpt: ...biting his deposition until he is cleared by his treating physicians to appear for deposition. Mr. Sanders is 92 years old, suffers from hearing loss and has dementia. In the moving papers, Mr. Sanders argues he did not witness the subject accident and he was not involved in the subject accident. Mr. Sanders submitted a declaration of his physician, Chor Vang, signed under penalty of perjury that states: 3. Over the past several years, I have obs...

Excerpt: ...s") Motion for a Protective Order to Prevent the Deposition of the Person Most Knowledgeable ("PMK") from Plum Healthcare Group, LLC Regarding the Management Agreement Between GI Partners and Plum Healthcare Group LLC is denied. Plaintiffs Gerard Follettie, by and through his successor‐in‐ interest, Gerard Joseph Follettie; Gerard Joseph Follettie, individually, Gary E. Follettie, individually, Cindy Lehr, individually; and Kimberly G. Phipps...

Excerpt: ...d Lane, Sacramento, CA 95833 and the ARCO/AMPM gasoline station operating on the real property. Plaintiff alleges that her husband assisted her, but neither Plaintiff nor her husband were experienced in the gas station business and relied on Chandi's representations about his extensive experience in such dealings in entering the transaction. Plaintiff contributed $900,000 towards the purchase. The real property and gas station were purchased in t...

Excerpt: ...twelfth cause of action for fraudulent concealment in Plaintiffs' operative complaint. The motion is ruled on as follows. Plaintiffs' 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 ...

Excerpt: ...rising out of damage to their home caused by water intrusion. The Complaint was filed February 4, 2021. Plaintiffs filed several claims under their policy with Nationwide concerning water damage to their residence. Bullseye was hired by Nationwide in January and February of 2017 to conduct an investigation of the water damage. Nationwide and Bullseye informed Plaintiffs after the first claim that the cause of the leak was wear, tear and cracks in...

Excerpt: ...allege, among other things, that Defendant Land Home Financial Services, Inc. ("Defendant") failed to compensate them for all hours worked, including minimum wage and overtime, among other things. Plaintiffs bring the action individually, on behalf of other members of the general public similarly situated, and on behalf of aggrieved employees pursuant to the Private Attorneys' General Act ("PAGA"). (First Amended Complaint (“FAC”) at 1.) The ...

Excerpt: ...elthea Moriswala, Trustees of the Moriswala Revocable Trust's (collectively “Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is a landlord/tenant dispute. Pro per Plaintiffs Brandon Slagle and Lynda Slagle (collectively “Plaintiffs”) allege that they leased the property from Defendants, with Defendants representing that the property had no habitability defects. The property, however, had the followin...

Excerpt: ...ecorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's rec...

Excerpt: ...e violation of the Rules of Professional Conduct. (See Ruling on Motion for Summary Adjudication, ROA 283) In its motion for summary adjudication, Bank contended Kronick could not enforce the written contract because Kronick violated the Rules of Professional responsibility by not disclosing and obtaining waiver of a conflict. " Bank asserts the law firm's failure to obtain a written conflict waiver from a client rendered the fee agreement with t...

Excerpt: ...ered the judgment in the amount of $60,000. (ROA 40.) Since that time, Plaintiff has engaged in efforts to enforce the judgment against Defendants. Plaintiff now seeks $185,400 in attorneys' fees and $2,119 in costs for enforcing the Judgment. Under California law, “[t]he judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collect...

Excerpt: ...tability defects including mold and mildew growth, water leaks, no heat, defective heater, rodent infestation, cockroach infestation, and inadequate weather stripping, among other defects. Plaintiff alleges causes of action for Breach of the Warranty of Habitability (Civil Code 1941) Violation of Civil Code 1942.4, Breach of Contract Civil Code 3300, Breach of Quiet Enjoyment Civil Code 1927, Private Nuisance Civil Code 3501, Premises Liability, ...

Excerpt: ... 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 California Department of Corrections and Rehabilitation (“CDCR”) and California Correctional Health Care Services' (“CCHCS”) (collectively “Defendants”) motion for summary judgment, or in the alternative, motion for summary adjudication is ruled upon as follows....

Excerpt: ... with the issues presented by this motion is in dispute. “Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.” (citation omitted) While courts take judicial notice of public records, they do not take notice of the truth of matters stated therein. (citation omitted) ‘When judicial notice is taken of a document, … the truthfulness and proper int...

Excerpt: ...ied. Plaintiff's motion is made upon the grounds that (1) Defendant improperly asserted boilerplate objections without justification, and (2) Defendant refuses to provide Codecompliant supplemental responses. Defendant opposes the motion arguing that its objections based upon the privacy of its employees encompassed by the two requests are valid and meritorious, and that Plaintiff has not satisfied its burden to overcome the privacy protections o...

Excerpt: ...es in pertinent part: "The reference is pursuant to Code of Civil Procedure section 639 and is solely for purposes of hearing all current and future discovery motions. Motions concerning procedural issues (i.e., motions to reopen discovery, motion to change the discovery cutoff, etc.) are not within the scope of the reference." (ROA 784). This elder abuse case has a trial preference date of October 12, 2021. Plaintiff Helen Williams was a residen...

Excerpt: ...015, (2) a single sentence of the Medical Board of California's Expert Reviewer Guidelines, that was not attached to the copy of the request that was served on Petitioner, and (3) the dissent in an unrelated and irrelevant case. “Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.” ) While courts take judicial notice of public records, they do not...

Excerpt: ...ce which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. The court observes that in its answer and demurrers to the second and third amended complaint, CDCR identifies itself as “Defendant, California Department of Correcti...

Excerpt: ...Undisputed Material Facts, plaintiffs' 59 Additional Material Facts, defendant/cross‐complainant CCSD's 71 Additional Material Facts and/or WCA's objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Moving and both opposing counsel failed to comply wi...

Excerpt: ...addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's counsel is admonished for citing at Page 8:20 of the opposition the unpublished decision of Bennett v. City of Visalia (2002) 2002 Cal.App.Unpub Lexis 2406; 2002 WL 501515, which decision is not citable (except as permitted by CRC Rule 977(B)). Factual Background This action arises fr...

Excerpt: ...ion, the Court found that Plaintiff failed to demonstrate that Defendant's cross‐complaint arose from protected activity. Defendant now seeks fees pursuant to CCP § 425.16(c)(1) on the basis that Plaintiff's anti‐SLAPP motion was frivolous. Defendant seeks $14,542 in fees representing $10,775 in fees for opposing the anti‐SLAPP motion and $3,767 in fees for the instant fees motion. The Court considered Plaintiff's untimely reply which was ...

Excerpt: ...“Plaintiff” or “Hogan”) was approached in September 2016 by CMI to manufacture sheets called “Top Skins” for CMI's customer, Newport (MKS's wholly owned subsidiary). Under the arrangement CMI would source the alloy products and Hogan would manufacture, pack and ship them to Newport. CMI and Plaintiff signed two letters of intent that recognized Plaintiff's need to purchase equipment in order to meet the desired production requested by...

Excerpt: ...�SJUSD”) and Defendant Bryan Irwin, the vice‐principal of Bella Vista High School for negligence. The action arises out an incident on April 13, 2018 when Plaintiffs were allegedly assaulted by non‐moving Defendants Austin Shanks, Jaden Koenig and Hadi Mischal on the Bella Vista campus. Plaintiffs have alleged causes of action against the non‐moving Defendants which are not the subject of the instant motion. Plaintiffs allege that moving ...

Excerpt: ...ed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, 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...

Excerpt: ...on based on physical disability/medical condition, retaliation, failure to accommodate, failure to prevent discrimination/retaliation, sexual and racial harassment and a cause of action for wrongful termination in violation of public policy. Plaintiff, who is an African‐American female worked for Defendant as a leasing agent for three years. She alleges that her superiors discussed their sex life around her, made derogatory racial comments and ...

Excerpt: ... parties to meet‐and‐ confer in person or by telephone regarding the disputed discovery requests and responses. According to the moving papers, defendants' counsel mailed on 6/11/2021 a letter to plaintiff in pro per regarding a variety of claimed deficiencies in plaintiff's responses to certain Special Interrogatories and to Requests for Production and requesting plaintiff to provide further responses to same. However, the opposition contend...

Excerpt: ...ender and race and in retaliation for making a complaint of discrimination/harassment against her supervisor, James Leigh‐Kendall (“LeighKendall”). The Second Amended Complaint (“SAC”) alleges causes of action for: (1) Retaliation; (2) Gender Discrimination (Cal. Gov. Code § 12940 et seq.); (3) Sexual Harassment/Discrimination (Cal. Gov. Code § 12940 et seq.); (4) Race Discrimination (Cal. Gov. Code § 12940 et seq.); (5) Race Harassm...

Excerpt: ...Client Fee Arbitration (Rejection of Award). According to the Complaint, Plaintiff signed a fee agreement with Defendant Desmond, Nolan, Livaich, & Cunningham (Desmond) on or about October 30, 2015, for Desmond's representation of Plaintiff and Defendant Jarvis Properties, a limited partnership of which Plaintiff is a general partner, in three eminent domain lawsuits that had been filed and pending in Monterey County. (Compl., ¶ 7.) The fee agre...

Excerpt: ...eve Brinsmead was at a bus stop designated by Defendant EGUSD waiting to be picked up and transported to school on an EGUSD bus. EGUSD provided bus transportation and Brinsmead rode bus number 169 from the Kavala Ranch bus stop in Rancho Cordova, CA to Pleasant Grove High School. Bus number 169 was scheduled to pick up Brinsmead at approximately 6:40 a.m., but Plaintiffs allege the bus failed to arrive and Brinsmead did not receive any instructio...

Excerpt: ...hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom, telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be August 18, 2021, to participate in oral argument. To appear on Zoom telephonically, ca...

Excerpt: ... on as follows. Defendant's request for judicial notice is granted. The Court does not grant Plaintiffs' late requests for judicial notice. Plaintiffs filed their complaint on October 5, 2020, alleging causes of action for (1) violation of the California Voting Rights Act, and (2) violation of 52 U.S.C. § 10301(b) and constitutional provisions. Defendant's motion is made on the grounds there is no effective relief for the Court to grant because ...

Excerpt: ...1.06. Moving counsel is directed to contact Plaintiffs' 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Ford's request for judicial notice of a prior ruling from this Court on March 24, 2021, in Dickerson v. Ford Motor...

Excerpt: ...appear to be directed at the declaration of a Wells Fargo employee, but Wells Fargo is not a party to this action and did not file any declarations in support of this motion. Therefore, the Court will not consider Defendant's objections. (See Hodjat v. State Farm Mut. Auto Ins. Co. (2012) 211 Cal.App.4th 1, 8‐9.) Request for Judicial Notice Plaintiff's Request for Judicial Notice is GRANTED. Defendant's Failure to File Responsive Separate State...

Excerpt: ...ley (“Smedley”) did not file any opposition. Plaintiff filed its Complaint on June 30, 2021, alleging causes of action for “Interference with Access to Healthcare [Civil Code 3427, et seq.]; Request for Civil Damages and Provisional Remedies.” In the instant motion, Plaintiff argues that Brennan, an elderly patient, and her patient advocate Smedley, have been preventing Brennan's discharge from MHF and her acceptance of a suitable placeme...

Excerpt: ...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 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. Background Pla...

Excerpt: ...f default and default judgment, the Court's electronic docket does not reflect that default judgment has actually been entered against her. The Court cannot set aside a default judgment that has not actually been entered. Accordingly, the Court construes this motion as a motion to set aside the entry default as against Defendant on June 7, 2021 (Register of Actions (“ROA”) 14‐15). Pursuant to Code of Civil Procedure section § 473(b) and (d...

Excerpt: ...gs in this action and in the Winkey action, are unopposed and are 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 (2012) 204 Cal.App.4th 112, 120‐121.) This...

Excerpt: ...e motion is ruled on as follows. Plaintiff filed his complaint on March 27, 2019, alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) specific performance. Legal 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 ...

Excerpt: ...eposition of the Person Most Knowledgeable ("PMK") from Plum Healthcare Group, LLC Regarding the Management Agreement Between GI Partners and Plum Healthcare Group LLC is denied. Plaintiffs Gerard Follettie, by and through his successor‐in‐interest, Gerard Joseph Follettie; Gerard Joseph Follettie, individually, Gary E. Follettie, individually, Cindy Lehr, individually; and Kimberly G. Phipps, individually (collectively, “Plaintiffs”) opp...

Excerpt: ...t Plaintiff Michael Trainor (“Plaintiff”) failed to disclose material information to a buyer of residential property in which Plaintiff not only held an ownership interest but also acted as the realtor for the sale. According to the FAC in the present action, Plaintiff had a variety of disputes with Hallmark Specialty, the insurance carrier for his real estate brokerage, but was ultimately provided a defense under a reservation of rights. Pla...

Excerpt: ...y 14, 2021, because Plaintiff filed a notice of motion but the Court did not have the full set of briefing. The Court continued the hearing to allow Plaintiff to submit the full briefing served on CalOES. Plaintiff also seeks $5,312 in sanctions. The motion is ruled on as follows. Plaintiff filed a declaration from Nationwide Legal, LLC, explaining how the documents were not filed with the Court. (Oberlink Decl.) The full briefing was filed on Ju...

Excerpt: ...otion to set aside and quash service of summons on the ground that he was not personally served with summons and complaint on November 19, 2017, or at any time, as specified in the Proof of Service. Plaintiff conceded that the proof of service identified an incorrect address as the place of service for Defendant. The court granted the motion on 11/8/2019 and quashed the service of the summons. (ROA 25.) Since the court quashed service of the summ...

Excerpt: ...ual capacity, as well as successor‐in‐interest to decedent Louise Chappell (“Decedent”), alleges that Decedent was a resident at Gramercy Court from August 16, 2018 through September 13, 2018. Plaintiff alleges that as a result of Gramercy Court's reckless neglect, Decedent passed away. The Sacramento County Coroner's office began an investigation and later ruled her death a homicide. At issue is RFP No. 1 (set three) which requests: “E...

Excerpt: ...nsel 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 moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factu...

Excerpt: ...titutions Code § 15600, et seq., (2) Violation of Patients' Bill of Rights under Health and Safety Code § 1430(b), and (3) Wrongful Death. Moving parties seek to strike the claim for attorneys fees under CCP 1021.5 and language concerning injunctive relief under the Violation of Patient's Bill of Rights cause of action. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Cour...

Excerpt: ... of the notice of class action settlement to the Class, (5) appointing the proposed Settlement Administrator, (6) appointing the Class Representative, (7) appointing Class Counsel, and (8) setting a hearing for final approval of the settlement. Background Plaintiff was employed by Defendants as a nonexempt Licensed Vocational Nurse/House Supervisor at Valley Recovery Center in Sacramento from on or about February 2018 to May 2018. Plaintiff's mai...

Excerpt: ...material to the court's ruling on this motion. Overview Plaintiffs previously represented Defendant Priscilla Hill in litigation brought by Hill in 2011 (the “Hill Action.”) In 2015, Plaintiffs were disqualified from further representing Ms. Hill in the Hill Action. On or about June 2, 2015, Hill engaged Defendant/moving party Port Parker to take over representing Hill in the Hill Action. On October 14, 2015, Plaintiffs filed a “Notice of L...

Excerpt: ...nt for breach of partnership agreement, breach of fiduciary duty, dissolution of partnership and for an accounting. Defendant has filed a crosscomplaint against Plaintiff. At issue on the instant motion are Defendant's responses to certain form and special interrogatories propounded by Plaintiff. Special Interrogatories Nos. 1, 2, 4, 5, 7, 8, 10, 11, 13, 14, 16, 17, 19, 20, 22, 23, 25, 26, 28 and 29. The motion is granted in part as set forth bel...

Excerpt: ...e floor being wet. Plaintiff alleges causes of action for negligence and premises liability. On January 26, 2021, this Court granted Defendant's motion to deem the matter in its request for admissions (set one) to Plaintiff Kay Lewis admitted. The admissions asked Plaintiff to admit that there was a wet floor sign at the scene of the incident, that she saw the wet floor sign, that she was in a hurry, walking fast and wearing heels. She was also a...

Excerpt: ...st for Judicial Notice Defendants' Request for Judicial Notice is GRANTED in its entirety pursuant to Evid. Code 452(d) [records of any court of this state.]) Factual Allegations In October 16, 2016, Plaintiff entered into a contract (the “2016 PSA”) with Defendants Platinum Capital Investment Partners, LP (“PCIP”) and Sac Valley Holdings 88th, LLC (“SV88”) related to the real property located at 5852 88th Street in Sacramento, CA (th...

Excerpt: ...dant's representative and Plaintiff's Union is granted. In this putative class action, Plaintiff alleges numerous causes of action premised on alleged violations of the Labor Code. Plaintiff alleges that he was employed by Defendant as an hourly, non‐exempt cement truck driver. (Comp. ¶ 9.) The various Labor Code causes of action are premised on allegations that Defendant failed to pay minimum wages, failed to pay overtime, failed to provide m...

Excerpt: ... it will grant final approval of the class action settlement, subject to certain conditions, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the ev...

Excerpt: ...juga PAGA Notice Letter to the LWDA, and Plaintiffs' Notice Letters to the LWDA, is unopposed and 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 (2012) 20...

Excerpt: ...leged "defects" during the warranty period. (See generally id.) Plaintiffs' First Amended Complaint (“FAC”) asserts claims against GM for violations of the Song‐Beverly Consumer Warranty Act and fraudulent inducement‐concealment. The FAC alleges that on or about June 14, 2019, Plaintiff purchased a 2018 Chevrolet Silverado, VIN 1GCVKREH3JZ360864 (the "Subject Vehicle" or "Chevrolet"). (FAC ¶ 4 ‐5.) Fraud and Specificity GM contends tha...

Excerpt: ...Leaf, Inc. (“TL”) is the sublessee. In November 2017, CMS Woodlake Property LLC (“CMS”), as lessor, and STDO as, lessee, entered into a written lease for the Property pursuant to a Master Lease (“Master Lease”). In December 2017, STDO, as sublessor, and TL, as sublessee, entered into a written lease (the “Sublease”) and First Addendum thereto. The Sublease incorporated by reference and is subject to the Master Lease. The Master Le...

Excerpt: ...on for a Protective Order to Prevent the Deposition of the Person Most Knowledgeable ("PMK") from Plum Healthcare Group, LLC Regarding the Management Agreement Between GI Partners and Plum Healthcare Group LLC is denied. Plaintiffs Gerard Follettie, by and through his successor‐in‐interest, Gerard Joseph Follettie; Gerard Joseph Follettie, individually, Gary E. Follettie, individually, Cindy Lehr, individually; and Kimberly G. Phipps, individ...

Excerpt: ...nopposed and which this Court granted on November 17, 2020. (ROA 31.) In that ruling, the Court ordered responses to be served by December 30, 2020. Defendant thereafter served responses, stating that it would produce documents responsive to the requests. Plaintiff contended that none of the documents were produced as promised and thereafter filed another motion to compel, which also was unopposed and was granted in part on April 22, 2021. (ROA 5...

Excerpt: ... Request for Judicial Notice submitted with its Reply is DENIED. All evidence in support of a motion must be served along with the notice of motion and points and authorities. (CCP § 1005(b).) Supplemental Declaration of Kimberly A. Worley All evidence in support of a motion must be served along with the notice of motion and points and authorities. (CCP § 1005(b).) Defendant filed a second declaration of counsel with their Reply that attached t...

Excerpt: ...l notice of the complaint filed in this action is granted. Defendants allege Plaintiff's seventh cause of action for premises liability against Moving Defendants fails as a matter of law because they did not owe Plaintiff any duty to take affirmative action to control the wrongful acts of a third party, and because Plaintiff has no evidence of any facts tending to prove Moving Defendants owed Plaintiff any duty to take affirmative action to contr...

Excerpt: ...he Property”). The motion is ruled on as follows. Defendant/Cross‐Complainant Civic Financial Services, LLC, and HMC Assets LLC, solely in its capacity as an administrator of Civic Holdings I Trust's (collectively, “Civic” or “Civic Financial”) 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...

Excerpt: ...8, 2014, through July 10, 2021 or the date preliminary approval is granted, whichever occurs earlier. (Han Decl. ¶ 10.) On May 28, 2018, Richard Baretich filed a class action complaint in San Diego County Superior Court (Case No. 37‐2018‐00024796‐CU‐OE‐CTL), alleging 8 causes of action: (1) violation of Labor Code sections 510 and 1198 (unpaid overtime); (2) violation of Labor Code sections 226.7 and 512(a) (unpaid meal period premiums...

Excerpt: ...g system, as required by Local Rule 1.06. Moving 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. Background For purposes of this demurrer, the relevant facts alleged are as fo...

Excerpt: ...l 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 hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Factual Background This action arises out of plaintiff's employment with defendant. Plaintiff's complaint filed on 1/20/2021 asserts “on behalf of the State of California, as a private attorney general” a...

Excerpt: ...y were "victims of unlawful sexual harassment, sexual assault, abuse, bullying and other misconduct" by multiple students of San Juan Unified School District. They are represented by their guardians ad litem, T.W. ROE and K.D. ROE respectively. Plaintiffs allege that defendant negligently supervised the perpetrators who allegedly assaulted plaintiffs from August 2018 to June 2019. Defendant seeks an order compelling Plaintiff's medical provider L...