Excerpt: ... from the original April 22, 2021 hearing date but did not serve responses by the May 25, 2021 hearing date. Sewell now seeks to be relieved from the order pursuant to CCP § 2033.300(a) Sewell, then acting in propria persona at the time the discovery at issue was propounded and the prior order issued, declared that he sought the assistance of the Sacramento County Legal Aid Society regarding the requests for admissions and the motion to deem mat...

Excerpt: ...sales is an HCD employee and oversaw and directed Ek's contract work. Through this action, Ek asserts claims against Rosales for defamation and intentional interference with prospective economic relations. On March 26, 2021, Rosales filed a demurrer based on Ek's failure to comply with the California Tort Claims Act, Government Code § 900 et seq., immunity and other grounds. The demurrer is still pending before this Court and is scheduled for he...

Excerpt: ...ve, California, known as Precision M.D. Cosmetic Surgery Center (“Precision”). MKI formerly owned and operated Precision. (FAC ¶ 7.). Dr. Khattab practiced medicine at Precision, but his medical license was suspended in May of 2020. Dr. DeWeese currently operates Precision. Defendant Mahmoud Ali Ibrahim was Executive Director of Precision and defendants Trinity Pankowski and Kayla Straw were registered nurses (collectively, “Defendants”)...

Excerpt: ...iff Moore and directors/former directors of the Board of Directors, on April 24, 2021, the Board called a special meeting set for April 27, 2021 for the purpose of removing Plaintiff Moore as a director and officer of the corporation. On April 27, 2021, a vote was taken and Plaintiff Moore was removed from the board by majority vote. On May 1, 2021, the Board sent a written warning to Plaintiff Moore informing her that she had to refrain from ema...

Excerpt: ...l of Decedent Eva Walker. Moving party is John Muelder. His father Juergen E. Muelder and his stepmother Elke Muelder are the other defendants. Defendant contends plaintiff's causes of action are defective because plaintiff lacks standing to bring any of his claims because he is not the personal representative of the Estate of Eva Walker. In addition, he contends all of Plaintiff's causes of action are barred by the applicable statute of limitati...

Excerpt: ...ramento ("Project"). Plaintiffs allege defendant breached the contract by requiring A‐Frame to pay for additional work that Absolut performed; and for failing to pay independent contractors involved in the Project, forcing A‐ Green to make payments to the independent contractors so the Project could continue. Plaintiff's First Amended Complaint alleges causes of action for Breach of Contract, Breach of the Covenant of Good Faith and Fair Deal...

Excerpt: ... prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendant Faces, Inc.'s Motion for Summary Judgment and alternative Motion for Summary Adjudication are both DENIED for the following reasons. Objections Plaintiff and Defendant did not file any objections. Facts On March 24, 2019, Plaintiff ...

Excerpt: ... dispute over a warranty claim allegedly covering the individual's malfunctioning air conditioning system during extreme summer temperatures in Sacramento. Plaintiff alleges he made 92 telephone calls to Defendant, “lasting 810 minutes in duration, and over the 44 days from July 16, 2020, through August 28, 2020,” wherein “Defendants repeatedly promised and represented to Plaintiff the replacement and repairs would occur in an expedited man...

Excerpt: ...d causes of action for breach of warranty of habitability, breach of contract, breach of the covenant of quiet enjoyment, private nuisance, premises liability, negligence, retaliation, construction eviction, and unfair business practices. Plaintiffs' attorney withdrew from this case in February of 2020 and on 6/24/2020, one of the named defendants' demurrer to plaintiffs' complaint was sustained with leave to amend no later than 7/6/2020. On 7/7/...

Excerpt: ...cal Services of Florida, LLC (collectively “Defendants”) oppose the motion. This action arises out of the care and treatment plaintiff Helen Williams ("Ms. Williams") received while she was a resident of Manor Care of Citrus Heights CA, LLC ("MCCH" or the “facility”), a skilled nursing facility in Citrus Heights, California, from January 26, 2018, to February 22, 2018. Plaintiffs filed their original Complaint on June 4, 2019. The origina...

Excerpt: ... an action against Wells Fargo in connection with payments on her mortgage. Previously, the Court sustained Defendants' demurrer to the original pleading, with leave to amend, both on grounds of uncertainty and on grounds that it failed to state facts sufficient to constitute a cause of action because all of Plaintiff's claims were grounded in professional negligence and were thus barred by the one‐year statute of limitations set forth in Code ...

Excerpt: ...ntact Defendants (or their counsel, if they are represented) forthwith and advise 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 Defendants prior to hearing, moving counsel is ordered to appear at the hearing. This is an action for breach of a Loan & Security Agreement (“LSA”) and Personal Guaranty signed by Lakhwinder Virk, both dated 10/17/2018. Plain...

Excerpt: ...dants Roman Smolevskiy, Vladyslav Rozumnyy, and dba A+ Construction Pro's (collectively “A+ Construction”) demurrer to Defendant/Cross‐Complainant Pacific Properties Group, Inc.'s (“PPG”) cross‐complaint (“XC”) is ruled upon as follows. Overview This is a personal injury action. In their first amended complaint (“FAC”), Plaintiffs Yekaterina Kucher (“Yekaterina”) and Vlad Kucher allege that PPG is the owner of property loc...

Excerpt: ...calendar.) The Court fully incorporates herein its ruling on Plaintiff's motion for good faith settlement. (Item # 2 on today's calendar.) Overview This action involves the construction of the Hampton Inn, a four‐story hotel, and specifically a defective HVAC system known as the Daikin VRV‐II system (“VRV‐II” or “HVAC System”). Plaintiff Folsom Lodging, LLC (“Plaintiff”) alleges that it contracted with Poelman in 2007 for the ne...

Excerpt: ...led on as follows. Defendants' and Plaintiffs' requests for judicial notice are granted. Plaintiffs filed their form complaint on May 29, 2019, alleging a cause of action for motor vehicle‐personal injury and general negligence. (ROA 1.) Defendants move for summary judgment on the grounds that California law mandates claims for personal injuries arising out of alleged professional negligence of a health care provider, such as the claim(s) made ...

Excerpt: ... 2019. Following a fall while being “transferred,” Ms. Baker complained of severe leg pain and was taken to Kaiser Hospital where she was diagnosed with a right tibial plateau fracture. The leg was placed in a splint and Ms. Baker was given pain medication before returning to Fair Oaks Estates. The next day Ms. Baker returned to Kaiser, which noted multiple medical problems unrelated to the tibial fracture and changed her pain medication befo...

Excerpt: ... motion for "limited" discovery is granted, plaintiff may file an Amended and/or Supplemental Opposition to Special Motion to Strike, not to exceed 10 pages, at least nine court days prior to the rescheduled hearing. (See ROA 27) On or around April 1, 2021, Plaintiff filed a Complaint for Damages and Injunctive Relief ("Complaint") against Defendant Sai Vang ("Defendant"). (Declaration of Liah M. Bumley ("Bumley Decl."), ¶ 4, Exhb. A ("Complaint...

Excerpt: ...o prepare an opposition. Plaintiffs allege that they were induced into purchasing a coin laundromat in a crimeridden area in Sacramento, based on misrepresentations from Defendant PWS and their agents. By way of their complaint, the Yuans seek, among other things, rescission of the purchase and sale contract. PWS' affiliate DPLA owned the premises on which the laundry is located and was Plaintiffs' landlord for the past three years. Plaintiffs re...

Excerpt: ... has been dismissed, although the document has not been scanned and the data entry on the dismissal was not until July 13 2021. The moving papers contend that this Declaratory Relief Action seeks a determination that Aspire does not owe coverage for the third party property damage because the vehicle was stolen. However, the Complaint does not allege that Aspire does not owe coverage under the policy's liability section for the third‐party vehi...

Excerpt: ...ill 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. 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 motion does not provide notice of the Court's tentative ruling system, as req...

Excerpt: ...ht , resulting in a collision with plaintiff in the intersection as he was turning left. Plaintiff alleges causes of action for motor vehicle negligence, general negligence, intentional tort (civil battery), and gross negligence. Defendant files this motion for judgment on the pleadings as to the intentional tort cause of action for civil battery and the prayer for punitive damages. The court construes the motion for judgment on the pleadings as ...

Excerpt: ...o taught English as a second language, alleges she was injured on January 6, 2020 when an extremely loud horn blast from a gold‐line light‐rail train caused abrupt loss of hearing in her right ear when she was exiting 24 Hour Fitness 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 horn blast was unnecessary because there was no emergency, ...

Excerpt: ...rt's consideration of the motion. (CCP § 437c(q).) Requests for Judicial Notice Defendant's Request for Judicial Notice is GRANTED pursuant to Evidence Code § 452(h). Plaintiff did not submit a Request for Judicial Notice. Reply Declaration of Alan M. Laskin 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 R...

Excerpt: ...out March 25, 2019, which was amended on or about November 14, 2019. (Complaint, ¶ 7.) For purposes of this ruling, the term “Lease” refers to the original lease from March 2019 as amended in November 2019. Plaintiff alleges that, pursuant to the Lease, Cal Fit agreed, among other things, 1) to pay base rent and Common Area Maintenance Expenses (Common Expenses), with both amounts abated before June 1, 2020 and subject to recapture, 2) to pr...

Excerpt: ...y situated individuals who were employed at Defendants' Almond Heights Senior Living and Memory Care Community anytime during the period from June 4, 2018 through December 3, 2020 (Settlement Period). The PAGA claims were premised on Defendants' alleged failure to pay wages, meal and rest break violations, failure to reimburse for uniform costs, failure to pay final wages or waiting time penalties, failure to provide accurate, itemized wage state...

Excerpt: ... Inc. (“Defendant”) committed wage and hour violations, constituting: (1) violation of Cal. Labor Code §§ 226.2, 510, 1194, and 1197; (2) violation of Cal. Labor Code §§ 226.2, 226.7, and 512; (3) violation of Cal. Labor Code §§ 226.2 and 226.7; (4) violation of Cal. Labor Code §§ 226(a) and 226.2; (5) violation of Cal. Labor Code § 2802; and (6) violation of Cal. Bus. & Prof. Code § 17200, et seq. (See generally Compl.) Plaintiff a...

Excerpt: ...ntire Federal Insurance Company claims file regarding this matter from 01/01/2020 to the present, except for attorney client correspondence and attorney work product.” (Yuster Decl., Ex. 1 [underline emphasis added].) Following an unsuccessful meet and confer, Plaintiff filed this motion and requests that Ms. Brown be precluded from testifying and having to produce any documents in response to the deposition notice. Plaintiff argues that Ms. Br...

Excerpt: ...the stay. The bankruptcy court has granted Plaintiff's motion for release from stay. Thus, the court may now hear the merits of the motion. The original tentative ruling from 1/12/2021 is repeated below. Defendant Scott Pierce's (“Pierce”) “motion to enforce order" is ruled upon as follows. This is an action for breach of guarantee. On 1/13/2020, the court granted Plaintiff Associate Materials, LLC's (“AML”) application for writ of atta...

Excerpt: ...otion for summary judgment, the Court engages in a multi‐step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Next, the Court must determine whether the moving party has met its burden. A defendant moving for summary judgment bears the burden of persuasion that one or more ele...

Excerpt: ...f filed a verified complaint. On May 25, 2018, Plaintiff filed a verified first amended complaint for damages. On June 28, 2018, Defendant filed a verified answer. Trial is currently set for October 5, 2021. According to Defendant, the parties have conducted substantial discovery and Defendant concluded the third volume of Plaintiff's deposition on September 30, 2020. Defendant states that it learned during Plaintiff's deposition that claims brou...

Excerpt: ... subject to judicial notice. “Simply because information is on the Internet does not mean that it is not reasonably subject to dispute.” (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) Complaint Allegations and Service This lawsuit primarily involves a dispute between business partners involving a truck used for hauling cargo. Plaintiff's Complaint also stems from a single‐vehicle accident involving the sub...

Excerpt: ...tion for writ of mandate filed in 2015, which is now on appeal. It was followed by another writ petition in 2017, which is presently stayed pending the appeal of the 2015 writ petition. The present civil action was commenced on 7/22/2019 and generally alleges that defendant Gina Carreon (“Carreon”), an employee in District's “HR” department (who obtained a judgment of dismissal in February 2021), and defendant Rittling, an attorney for th...

Excerpt: ... Funding as a second position lien on the Property. (Request for Judicial Notice #1). (See Compaint ¶ 12) The deed of trust was recorded with the Sacramento County Recorder on November 1, 2019. A foreclosure sale was held and the trustee issued a trustee's deed upon sale (TDUS") for the Property transferring title to Aquino Trust #2919 R.Chavez Trustee. (RJN #2). The foreclosure sale was held on December 10, 2020 (Compl. ¶ 25). Aquino Trust the...

Excerpt: ...ovide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Defendants/Cross‐Complainants' 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 Defendants/Cross‐Complainants' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by tele...

Excerpt: ...iffin, as specified in Plaintiff's notice of taking the deposition of SMUD's person most qualified (PMQ), served on May 2, 2021. SMUD also seeks sanctions in the amount of $3,370. The motion is ruled on as follows. SMUD's request for judicial notice of declarations previously filed in this action is granted. In this employment action, Plaintiff alleges her employer, SMUD, discriminated against her because of her gender and race and in retaliation...

Excerpt: ...rCare, LLC, Proto Equity Holdings, LLC, Terpax, Inc., SSC Carmichael Operating GP LLC, SSC LP Holdings, Inc., SSC LP Holdings II, Inc., SSC Disbursement Company, LLC, California Holdco II , LLC, SSC Equity Holdings MT LLC, Master Tenant Parent Holdco II , LLC, Admin Parent Holdco, LLC and Disbursement Parent Holdco, LLC (collectively “Jurisdictional Defendants”) motion for protective order re: financial PMQ deposition and notices related to p...

Excerpt: ...h 1, 2020, Plaintiff filed his First Amended Complaint alleging claims for: (1) failure to pay all wages; (2) failure to provide rest periods or compensation in lieu thereof; (3) failure to provide meal periods or compensation in lieu thereof; (4) failure to provide accurate wage statements; (5) failure to pay wages upon separation of employment; (6) unfair business practices; and (7) penalties pursuant to Labor Code § 2699(f). Defendant denies ...

Excerpt: ...ence, Dependent Adult Abuse, false imprisonment, human trafficking, violations of the Unruh and Bane Acts, and conspiracy to commit fraud in connection with allegations that he was improperly committed to various state hospitals (Atascadero and Coalinga State Hospitals). Plaintiff was involuntarily committed as a mentally disordered offender (“MDO”) by the San Luis Obispo County Superior Court on October 15, 2005, after it was found beyond a ...

Excerpt: ...motion matters. *** Defendant the Regents of the University of California's (“Defendant”) demurrer to Plaintiff James Jahn's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an employment action. Plaintiff alleges that he was employed as an Information Systems Analyst 2 in the Information Technology Department of the UC Davis Medical Center, in Sacramento, California. (FAC, ¶ 11.) In May 2017, a coworker made a ...

Excerpt: ...efendant, Consumers Self‐Help Center Erroneously Sued as Sacramento Wellness Center (Consumers), a nonprofit organization that offers clinical, social, and wellness services. (First Amended Complaint (FAC, ¶¶ 6, 23.) Plaintiff alleges that Consumers scheduled Plaintiff to meet Defendant David Elliott (Elliott), an employee of Defendant Sacramento Steps Forward (Steps Forward), to help Plaintiff find housing. (FAC ¶¶ 7, 23.) Defendant Steps ...

Excerpt: ...ce of events leading up to the filing of this lawsuit, the Court summarizes those facts here, to wit: Plaintiff alleged that Defendant had falsely claimed that he had failed to maintain hazard/homeowners' insurance and thereby created impound accounts as to certain properties, and further alleged that Defendant had improperly claimed that Plaintiff's loan payments were delinquent, reported him to credit agencies for untimely payment, and initiate...

Excerpt: ...ivil Procedure § 998, Defendant FCA US LLC (“FCA US), without admitting liability, hereby offers the following: 1. In exchange for the subject vehicle and a dismissal of this action with prejudice in its entirety, the sum of $31,000; and 2. In addition, FCA US offers to pay reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Civil Code § 1794(d) as stipulated by the parties or, if the parties cannot agree,...

Excerpt: ...ry 21, 2020 and January 7, 2021 respectively pursuant to CCP § 473(d) on the basis that the default is void because it was never served with the summons and the second amended complaint. Alternatively, Defendant seeks relief pursuant to CCP § 473.5 on the basis that any service did not result in actual notice in time to defend the action. Here, since service was by a registered process server, Evidence Code § 647 provides a presumption of vali...

Excerpt: ...ked 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 Tr...

Excerpt: ...tiffs allege that Defendant committed dental malpractice against Caden by “pulling a running drill across [Caden's] cheek causing injuries.” (Complaint, ¶ 6.) Stephanie asserts a negligent infliction of emotional distress cause of action (“NIED”). She alleges that she was present when Caden was undergoing the dental treatment, that she was aware that Defendant was causing injury to Caden, and that she suffered serious emotional distress ...

Excerpt: ...on provides that where the party to whom requests for admission are directed fails to serve a timely responses, the requesting party may seek an order that the “genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction…” (CCP § 2033.280(b).) The Court must make the order “unless it finds that the party to whom the requests for admission have been directed ha...

Excerpt: ...8 in which Plaintiff alleges that Defendant collided with a vehicle driven by his mother. Plaintiff alleges that he suffered serious injuries as a result. In the FAC, which is on the judicial council form, Plaintiff alleges a cause of action for motor vehicle negligence and general negligence. He also seeks punitive damages. To that end, Plaintiff alleges that Defendant was driving under the influence of alcohol on the day in question. (FAC p. 6 ...

Excerpt: ...n, Plaintiffs allege causes of action for Professional Negligence, Breach of Fiduciary Duty, Constructive Fraud and Breach of Contract. Plaintiffs also seek punitive damages. Plaintiffs allege that non‐moving Defendant Aaron McKinney committed malpractice in connection with his representation of Plaintiff Davila in an appeal from an underlying personal injury action. At trial Plaintiff Davila obtained a judgment in his favor of approximately $5...

Excerpt: ... section 1033.5 specifies which costs are “allowable” (id., subd. (a)), which are “not allowable ..., except when expressly authorized by law” (id., subd. (b)), and which may be allowed or denied in the Court's discretion (id., subd. (c)).” (Davis v. KGO‐TV, Inc. (1998) 17 Cal.4th 436, 441, superseded by statute on other grounds.) “An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may neve...

Excerpt: ...�and‐hour provisions. The class is defined as “All current and former non‐exempt Production employees employed by Alsco, Inc. dba Steiner Corporation in the State of California at any time from October 15, 2015 through October 25, 2020.” Defendant filed a notice of non‐opposition to the motion. In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of th...

Excerpt: ...n show that the parties met and conferred via email only (Mr. Harper on February 10, 2021: “I will just meet and confer via email.”) However, the meet‐andconfer requirements of CCP § 430.41 are not optional and parties must meet and confer “in person or by telephone.” Future meet‐and‐confer efforts pursuant to CCP § 430.41(a) shall be done “in person or by telephone.” Overview The Cross‐Complaint arises out of chiropractic c...

Excerpt: ... ("CDCR"), Folsom, and County of Sacramento created a dangerous condition of public property when they closed part of a roadway while a CDCR inmate crew worked on the sides of the road to perform weed abatement. Plaintiff Maria Luisa Hills walked on foot on the roadway, where she was subsequently struck by a car driven by Defendant Carolyn Vodoklys. Plaintiffs Maria Luisa Hills and her husband Barry Hillls' Third Amended Complaint alleges against...

Excerpt: ...esult, plaintiff was fired by PG&E after 20 years of employment . Plaintiff's residence faces Watchel Way. Behind his residence, his property extends beyond a private lane named Lois Lane. Each of the neighbors owns a portion of Lois Lane. Defendant owns the portion of Lois Lane that connects to Watchel Way and contains the point of ingress to Lois Lane. It was plaintiff's use of Lois Lane in constructing his pool with the PG&E equipment that gav...

Excerpt: ...Notice of Motion seeks Summary Judgment, and alternatively summary adjudication of the 7th cause of action for Quiet Title. However, the Separate Statement filed in support of the motion is limited to the 7th cause of action for Quiet Title, the Court construes the motion as limited to Summary Adjudication of the Quiet Title Claim. The Cross‐complaint alleges Vitulano purchased the subject Property in March 2014. Since March 2014, Vitulano live...

Excerpt: ...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. Defendant's request for judicial notice of a prior ruling from this Court on March 24, 2021, in Dickerson v. Ford Mo...

Excerpt: ...again republishes the following tentative ruling that was originally published on June 7, 2021. Plaintiff Ethan Conrad's (“Plaintiff”) motion for right to attach order and order for issuance of writ of attachment against defendant Tamaraina Fogg (“Fogg”) is UNOPPOSED and is GRANTED as follows. This action involves a commercial lease entered into by Plaintiff and Fogg, dated August 6, 2019, for lease of certain commercial property located ...

Excerpt: ...plaint ¶¶ 9‐ 10.) On February 23, 2017, Plaintiff executed Defendant's Agreement to Mediate and Arbitrate Disputes (the “Agreement”). (Van Wagner Decl. ¶ 6, Exh. 1.) The Agreement provides Plaintiff and Defendant “both agree that any issue between Employee and Parkwest Casino Lotus, or any of its employees, agents, officers, directors or affiliates (the “Parkwest Casino Lotus Parties”) which relates to my employment with Parkwest C...

Excerpt: ...rsuant to CCP §§ 178, 1218(a), and 1219(a) is DENIED without prejudice as follows. This action was filed to enforce' claims of Plaintiffs (now Judgment Creditors) for unpaid wages, penalties, and other relief as authorized by law. After the defendants disregarded multiple orders of this Court, the Court struck the answers of Judgment Debtors. (ROA 170.) Following a default prove‐up hearing, Judgment was entered against the defendants, and add...

Excerpt: ...litation (CDCR) and Kathleen Allison in her official capacity as Secretary of the CDCR from enforcing operational regulations that CDCR recently adopted on an emergency basis which increase certain prison inmates' earning rate of good conduct credit (the Regulations). As the Court explains below, the motion is denied. Amicus are 12 crime victims' rights organizations and the California District Attorney Association that have applied for leave to ...

Excerpt: ...a Mechanical, Inc. (“Defendant”) provides plumbing installation services for residential, construction, and commercial properties. Defendant employed Plaintiffs as install technicians and compensated them at a piece rate. Plaintiffs allege that they and all other install technicians and repipe installers who were paid on a piece rate basis for each job performed, were not paid for nonproductive time, such as rest breaks, drive time, and other...

Excerpt: ...0,326.00. The motion is denied as set forth below. The motion is not opposed. Wilmington moves to terminate Majidi's action as a sanction upon the ground that Majidi's entire First Amended Complaint (“FAC”) is frivolous and brought in bad faith because it is without any legal merit or factual and evidentiary support, and therefore it is maintained by Majidi for an improper purpose. Wilmington argues in general that Majidi commenced this actio...

Excerpt: ...ON, Secured Party, Authorized Representative for: Eric Richard Eleson Trust J‐59564" within 48 hours of receiving it. For purposes of oral argument only, the hearing date shall be continued to July 15, 2021. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The litigation coordinator shall make Plaintiff available by Zoom audio (if available) to participate in oral argument at 9:00 a.m...

Excerpt: ...ing revealed that Decedent had risk for pressure injuries, and SMCS' nursing staff created a skin integrity care plan. (Complaint, ¶ 25.) The plan indicated that SMCS' nursing staff would monitor his skin at least two times daily for redness or breakdown and report to a physician for further treatment orders in the event of any skin breakdown issues, and to reposition him at least every two‐hours. (Complaint, ¶¶ 26‐ 27.) On many occasions ...

Excerpt: ...ing 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 July 14, 2021, to participate in oral argument. To appear on Zoom telephonically, call (888...

Excerpt: ...atterson, LLP's motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. Defendants' request for judicial notice is granted to the limited extent that the Court will take judicial notice that during the business week ending Friday, February 2, 2018, the Dow Jones and the S&P 500 each decline approximately 4% and that the decline accelerated on Monday, February 5, 2018. Plaintiff does not oppose the reque...

Excerpt: ...tween Respondent, a major league baseball player, and Petitioners, his former agent. Petitioners and Respondent entered into a settlement agreement whereby Petitioners agreed to pay Respondent $1,000,000 in periodic installment payments through December 1, 2018. Petitioners failed to make all the payments and Respondent filed a grievance (“Grievance”) pursuant to the Major League Baseball Players' Association's Regulations Governing Player Ag...

Excerpt: ...664.6. CCP § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of...

Excerpt: ...al financial information. Defendants conditionally lodged unredacted versions of the documents on April 15, 2021. Defendants filed redacted versions of these documents the same day (ROAs 43, 44, and 46.) While Defendants lodged numerous documents conditionally under seal, the Tribe only moves to seal Exhibits G, R and T of Defendants' motion for summary judgment. According to the Tribe, these documents contain confidential financial information a...

Excerpt: ...ons of Cross‐Complainants Joseph Perez and Business Alliance Insurance Company's cross‐complaint pursuant to CCP § 418.10 on the basis that Mr. Gordillo was never personally served with the summons and cross‐complaint. The proof of service purports to show that Mr. Gordillo was personally served in his individual capacity and also as agent for service of process for Emerald Patch on March 7, 2021 at 11735 Kouros Way (the “Property”) in...

Excerpt: ...ion as an authorized representative of the Labor and Workforce Development Agency (LWDA) and similarly situated individuals who were employed by Defendants JS Folsom Automotive, Inc., Clifton Smith and Denise Dewy in California as non‐exempt employees from June 17, 2019 to June 15, 2021. The PAGA claims were premised on the alleged failure to pay overtime, failure to pay minimum wages, failure to provide meal and rest periods, failure to provid...

Excerpt: ...otice is granted to the limited extent that the Court will take judicial notice that during the business week ending Friday, February 2, 2018, the Dow Jones and the S&P 500 each decline approximately 4% and that the decline accelerated on Monday, February 5, 2018. Plaintiff does not oppose the request as limited. It does, however, oppose the request to the extent that it is construed as asking to accept the contents of two online articles are tru...

Excerpt: ...noticed for May 21, 2021 which was the date agreed to by the parties. However, when Defendant indicated that he desired for the deposition to proceed by video due to COVID‐19 concerns, Plaintiff would not agree. Defendant's counsel then issued a notice of deposition for Defendant which set the deposition for May 20, 2021. Plaintiff's counsel informed Defendant's counsel that he was not available that day and that Plaintiff had priority to depos...

Excerpt: ...that Defendant Presson fraudulently induced Plaintiffs to enter into the Stock Purchase and Sale Agreement and a Consulting Agreement. Plaintiffs allege that Defendants conduct leading up to and after the stock transfer caused them harm and bring fourteen causes of action based on Defendants' alleged conduct. Analysis 1. First COA for Rescission of Stock Purchase Agreement Based on Fraud Plaintiffs allege Presson failed to disclose that the purpo...

Excerpt: ...on. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐ 18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded 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 ...

Excerpt: ...Sharma by the duly appointed representative of the estates, Donald Singh ("plaintiffs") is a good faith settlement within the meaning of California Code of Civil Procedure section 877. On May 18, 2021, Judge Allen Sumner approved the compromise of claim of minor plaintiff Joselyn Sharma. (See ROA 18) On the evening of March 26,2019, Rosalyn and Shalvinesh Sharma, husband and wife, were involved in a motor vehicle accident while occupying a Ford F...

Excerpt: ... the Motion for Attorneys Fees that had been rejected from filing on May 18, 2021. The Court has now received the motion for attorneys fees. 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 (...

Excerpt: ...and Dorothy MacPhail. The MacPhails submitted an arbitration complaint pursuant to the Terms of Membership in Sacramento Association of Realtors, of which Petitioner and the MacPhails are members. Among the terms of membership in SAR is that its members agree to binding arbitration of disputes using SAR facilities and in accordance with the rules and procedures for arbitration. On January 9, 2020, the MacPhails submitted an arbitration complaint ...

Excerpt: ...LC, Master Tenant Parent Holdco II , LLC, Admin Parent Holdco, LLC and Disbursement Parent Holdco, LLC (collectively “Jurisdictional Defendants”) motion for protective order re: financial PMQ deposition and notices related to personal jurisdiction is ruled upon as follows. Overview This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael HealthCare Center (“Mission Carmichael”), a s...

Excerpt: ...ollows. This action arises from Plaintiffs' purchase of New York Life variable annuities, whole life insurance policies, and term life insurance. The operative Second Amended Complaint (“SAC”), which was filed on April 29, 2021, alleges claims for fraud, breach of fiduciary duty, professional negligence, violation of Corporations Code § 25235, and violation of California's unfair competition law, all stemming from losses Plaintiffs suffered ...

Excerpt: ...on 7/7/21, two discovery motions on calendar on 7/14/21, two discovery‐related motions to seal on 8/26/21, and the three motions recently heard on 4/13/21, the Court on its own motion is appointing a discovery referee pursuant to Code of Civil Procedure § 639(a)(5) to hear all discovery motions in this case. As early as August of 2020, Court urged the parties to stipulate to a discovery referee in this case: The Court notes that in addition to...

Excerpt: ...ded Claimant's vehicle, and Mr. Tronco then fled the scene. (Nathan Decl. ¶ 2.) At the time of the accident, Claimant Montoya was driving for UBER Technologies and transporting a rider, claimant Jose De Jesus Martinez. Claimant Montoya sustained a traumatic brain injury and major injuries to his neck and back requiring ongoing treatment and future surgery. (Ibid.) Claimant Martinez was also injured. (Chryssafis Decl. ¶ 2.) Claimant Montoya and ...

Excerpt: ...otion, p. 2:10‐13; MPA, p. 2:13‐17, p. 9:23‐26.) In his memorandum of points and authorities, Collins also raises two additional objections: (1) that the complaint served upon him with summons was not complete because it did not contain exhibits referenced in that pleading; and (2) that he is not an agent for service of process upon himself. (MPA, p. 3:17‐27.) Plaintiff opposes the motion. Plaintiff's request for judicial notice is grante...

Excerpt: ...is denied as set forth below. TMS opposes the motion. TMS' request for judicial notice is granted as to the Formal Opinion No. 513 issued by the Los Angeles County Bar Association on July 18, 2005. Given the many individuals and firms involved, the Court will use summary references without titles in an effort to add clarity and economy and means no disrespect by this shorthand practice. The material operative facts do not appear to be in genuine ...

Excerpt: ...372 is likewise denied. 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. This action arises out of the alleged negligent mishandling of Plaintiffs' son's corpse. Plaintiffs' son, Brandon Michael Benecke ("Decedent"), was a 30‐year‐old man who was pronounced dead on or about May 22, 2019 whi...

Excerpt: ...) strike the Defendants' Answers, (2) preclude Defendants from introducing any testimony or opinions from June Paltzer, Ph.D, at trial, (3) require a jury instruction to the effect that Defendants intentionally concealed the first three pages of Defendants' defense counsel's work product report (Skillman report), and the jury can conclude that the omitted pages were unfavorable to Defendants. In the alternative, Plaintiff moves pursuant to Code o...

Excerpt: ...Defendant Corey Evan Parker's demurrer to Plaintiff Michael Razavi's first amended complaint (“FAC”) is SUSTAINED without leave to amend. Overview This is an action for legal malpractice, breach of fiduciary duty and breach of written contract. Plaintiff alleges that in May 2017, he entered into a Flat Fee Agreement with Defendant for legal service wherein Defendant agreed to represent Plaintiff on a Petition for Writ of Habeas Corpus. Plaint...

Excerpt: ...Cyndi Nguyen (“Nguyen”) and CalFarms420, Inc.'s (“CalFarms420”) (collectively “Defendants”) demurrer to Plaintiff Thanh Duy Nguyen's (“Plaintiff”) complaint is ruled upon as follows. The court observes that Plaintiff dismissed CalFarms420 on 12/24/2020. (ROA 32.) Defendants failed to comply with CRC Rule 3.1320(e) and CCP §430.60 which requires that the “demurrer” should be captioned “as such” and that the grounds for dem...

Excerpt: ...g. 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. 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. If moving counsel ...

Excerpt: ...r deducting the time for breaks and scheduling discussion, Dr. Koett's counsel estimates the deposition yielded a total deposition time of one hour and 14 minutes. (Id.) Plaintiff's deposition was again noticed for July 31, 2019. (Id. ¶ 5, Exh. C.) Plaintiff did not appear for the deposition. Through meet and confer discussions with her husband, he claimed that the notice was inadvertently overlooked and the deposition was missed. (Id.) Dr. Koet...

Excerpt: ...ndisclosure action concerning real property located on Stevenson Avenue in Sacramento. Plaintiff Moldovan purchased the property from defendant and thereafter sued the latter, alleging Defendant failed to disclose various issues with the property including encroachment onto the adjacent public property and several improvements completed without permits. The Complaint asserted causes of action for breach of contract and for fraud (intentional and ...

Excerpt: ...l Procedure section 1286.2(a)(5) states: “Subject to Section 1286.4, the court shall vacate the award if the court determines any of the following: (5) The rights of the party were substantially prejudiced by the refusal of the arbitrations to postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrators to hear evidence material to the controversy or by other conduct of the arbitrators contrary to the pro...

Excerpt: ...al lease, breach of fiduciary duty, accounting, conversion, and more. Theis cross‐complained against Batchelor and his counsel alleging numerous causes of action premised on allegations that Batchelor mismanaged the LLC. Batchelor & Co., LLC is also named in the cross‐complaint. Theis alleged causes of action against Gentry and Hughey Phillips for breach of fiduciary duty, legal malpractice and fraud. Theis alleged that Gentry and Hughey mish...

Excerpt: ... 2019, when he was four years old, he was sexually assaulted by CDI employee, Christian Turks, in the bathroom of Raymond Case Child 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 knowl...

Excerpt: ...ly situated individuals who were employed and classified by Defendant Edward R. Marszal Enterprises, Inc. as non‐exempt in California during the time period of June 21, 2018 to the date the settlement is approved. The PAGA claims were premised on the alleged failure to pay minimum wages, failure to provide meal and rest periods, failure to reimburse necessary business expenses, failure to provide suitable seating, failure to provide accurate wa...

Excerpt: ...he State's construction of the Central Valley segment of the High‐Speed Rail System (the “Project”). Defendant Tutor Perini Zachry Parsons (TPZP) was hired by the State to construct a portion of the Project on Plaintiff's land. The State obtained an access easement across Plaintiff's land for purposes of constructing the Project. Plaintiff alleges that TPZP, at the direction of the State, installed infrastructure in the easement in excess o...

Excerpt: ... 20, 2020, Plaintiff served written discovery on Defendant CDCR, including a Request for Production of Documents, Set One. Defendant failed to respond to these discovery requests, leading Plaintiff to file a motion to compel, which was unopposed and which this Court granted on November 17, 2020. (ROA 31.) Therein, the Court ordered responses to be served by December 30, 2020. Pursuant to the Court's order, Defendant served responses to the RPDs, ...

Excerpt: ... employees of Defendant during the relevant time periods. (Settl. Agr. ¶¶ 1‐5 The Settlement Agreement results in a PAGA‐only gross settlement fund of $700,000.00 (“PAGA Gross Settlement Fund”) for PAGA Settlement Members and the LWDA in exchange for a narrow release of asserted PAGA claims for violation of Labor Code section 226. (Settl. Agr. ¶ 10, 18‐19.) Pursuant to the PAGA Settlement Agreement, Defendant shall pay the PAGA Settl...

Excerpt: ...ing was set when the Court granted Defendant's ex parte application for an order shortening time to hear the instant motion. (Register of Actions (“ROA”) 686.) Following the February 4, 2021 hearing on Plaintiff's Motion for Summary Adjudication (hereinafter "Plaintiff's Motion"), this Court took the matter under submission, ordered supplemental briefing on certain limited issues, and thereafter affirmed the tentative ruling on April 15, 2021...

Excerpt: ...ent, breach of a verbal lease, breach of fiduciary duty, accounting, conversion, and more. Theis cross‐complained against Batchelor and his counsel alleging numerous causes of action premised on allegations that Batchelor mismanaged the LLC. Theis alleged causes of action against Gentry and Hughey Phillips for breach of fiduciary duty, legal malpractice and fraud. Theis alleged that Gentry and Hughey mishandled the winding up of Tillman LLC, im...

Excerpt: ...aving reviewed the Court's tentative ruling, which highlighted evidentiary gaps in Plaintiff's moving papers, Plaintiff at oral argument asked to file late evidence in the form of declarations, and the Court agreed to during oral argument and set a briefing schedule with both sides' input. The Court has now considered the late‐filed evidence and Defendant's objections thereto. Plaintiffs' newly‐proffered declarations do not materially change ...