Excerpt: ...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. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Background This 2015 action is well known to the Court and in sum, it aris...

Excerpt: ...ss, depression, lack of appetite and fatigue”. (Comp. ¶ 20.) Plaintiff also alleged harassment causes of action against individual defendants ("Defendant's employees”). Prior to Plaintiff's deposition, she produced 87 pages of unredacted mental health records which were marked confidential and produced pursuant to the parties' stipulated protective order. Defendant then served a subpoena for the production of records to Kaiser Permanente whe...

Excerpt: ...bility discrimination, failure to accommodate, failure to engage in the interactive process, retaliation and failure to prevent discrimination, harassment and retaliation. She also alleges a cause of action for wrongful termination in violation of public policy and defamation. Plaintiff alleges that she had been employed for over ten years and was Defendant's preschool director. She alleges that Defendant terminated her because of her need for me...

Excerpt: ...ruck which crossed an opposing lane of traffic and collided with the Decedent's vehicle. The collision resulted in the Decedent's death. Plaintiffs allege that Defendants Amazon Logistics, Inc., JC's Express Lanes, Mian Transportations, Inc., and Jose R. Colon, Jr., were in the commercial trucking industry and were engaged in “the owning, leasing, dispatching, hiring, operating, servicing, brokering, maintaining, entrusting, renting, and/or lea...

Excerpt: ...t) and for declaratory relief. Plaintiff has since dismissed the declaratory relief cause of action. Plaintiff's causes of action arise from allegations that he had agreements with certain parties (“DPG parties”) which provided that he would have a first position security interest as to money that he lent/invested which was collateralized by the DPG parties' assets, including an automobile sub‐prime loan portfolio titled in the name of Spri...

Excerpt: ...or rehearing challenged the holding that once individual PAGA claims have been ordered to arbitration, the remaining non‐individual PAGA claims should be dismissed for lack of standing. The petition for rehearing was denied on August 22, 2022. The Court's original tentative ruling addressed the merits of the motion and indicated that in the event that petition was denied, it would grant the motion to compel and would dismiss the matter. However...

Excerpt: ...homas in Case No. 34‐ 2022‐00313560 as authorized representatives of the Labor and Workforce Development Agency (LWDA) and similarly situated individuals who were employed by Defendant Career Systems Development in California between January 28, 2019 and June 19 2022. Plaintiff Alexander asserted claims premised on the alleged failure to pay overtime, failure to pay minimum wages, failure to provide meal and rest period premiums, failure to r...

Excerpt: ...tion, the Court elects to address the motion as it concerns each plaintiff separately. This tentative ruling concerns Plaintiff David Gunter's (“Gunter”) claims. A separate tentative ruling will be filed concurrently relating to Plaintiff Bruce Zike's (“Zike”) claims. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court only rules on the objections to evidence deemed material to its dispositi...

Excerpt: ...sonal benefit of his mistress, Yimin Dai and himself. Defendant is the trustee of the Samuel B. Fong Trust and Executor of Samuel B. Fong's estate. At issue on the instant motion is a complaint filed by Sam's siblings (Anna FingMorgan, et al.) (the “Siblings”) against Defendant and Defendant's cross‐petition for an “Order Confirming Trust Assets” in response to the Siblings' complaint. Generally, the Siblings allege Sam engaged in misco...

Excerpt: ...ion filed on August 31, 2022, Defendant's counsel indicates Plaintiff's counsel conceded that Defendant did not owe her a fiduciary duty and was willing to dismiss the second cause of action for breach of fiduciary duty which would also impact the third cause of action for constructive fraud premised on the existence of a fiduciary duty. (Shirley Decl. ¶ 11.) Defendant's counsel asked Plaintiff's counsel if he wanted to file a third amended comp...

Excerpt: ...the defendant. Plaintiffs dismissed PWS on May 19, 2020. (ROA 11.) Plaintiffs thereafter named Jerome F. Lipp, JFL LLC, and Re ReduX LLC as Does 1‐3, respectively. (ROAs 14, 16, 19.) In their Judicial Council Form complaint, Plaintiffs allege that Does 1‐3 “were the agents or employees of other named defendants and acted within the scope of that agency or employment.” (Complaint, ¶ 6a.) Plaintiffs allege that a fire broke out at the reta...

Excerpt: ...violation of Health & Safety Code § 1430(b), wrongful death, medical malpractice, and more. The action arises from the care the Decedent received at Defendant's skilled nursing facility. Defendant moves to compel the action to arbitration on the basis that Richard Holben (“Richard') signed an Arbitration Agreement in connection with the Decedent's admission to the facility in November 2020. Defendant contends Richard had the authority to sign ...

Excerpt: ... within 48 hours of receipt. 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 the self‐represented party need not request oral argument. The Litigation Coordinator shall make the self‐represented party available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be 10/5/2022, to pa...

Excerpt: ...ion by sale of a single‐family home located in Sacramento (“the Property”). Chiment alleges as follows: (1) Hall purchased the Property in November 1998 and told Chiment that she would become a part owner following Hall's divorce; (2) by 2001 Hall made Chiment a joint tenant of the Property; (3) a dispute developed between Chiment and Hall and Chiment left the Property in March 2022; (4) Hall has solely occupied the Property since the dispu...

Excerpt: ... 5, 2019, Plaintiff entered into a California Residential Purchase Agreement to purchase the Subject Property from sellers Mark and Lisa Voiselle. Defendant Valary L. Jennings (“Jennings”) was the sales agent for the sellers and acted under the direct supervision of her broker, Purplebricks, Inc., aka Purplebricks Realty, Inc. (“Purplebricks Realty”). Plaintiff alleges that Jennings performed a visual inspection of the Subject Property on...

Excerpt: ... The opposition also asserts that plaintiff's motion here fails to comply with the provisions of CRC Rule 3.1324 and that several of the proposed causes of action are either time‐barred or otherwise deficient. Defendant's Request for Judicial Notice, which attaches copies of court filings, is unopposed and is granted. This action, commenced on 2/8/2022, arises out of plaintiff's employment with defendant. The present complaint purports to asser...

Excerpt: ... 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; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) This is Defendants' second challenge the Plaintiffs' operative complaint. On March 15, 2022, this Court sustained Defendants' demurrer to Plaintiffs' initial complaint on...

Excerpt: ...fendant Corrosion Materials, Inc.'s (“CMI”) demurrer to Plaintiff Hogan Mfg. Inc.'s (“Plaintiff”) third amended complaint (“TAC”) is ruled upon as follows. Background & Allegations in the TAC This is a contract dispute. In the operative TAC, Plaintiff alleges that CMI approached Plaintiff in September of 2016 with a proposal in which Plaintiff would process sheet metal provided by CMI into “Top Skins,” which CMI would then sell to...

Excerpt: ...ult of a gift deed from Charles Watson who has since died. Plaintiff contends that he desires to sell the property but Defendant has refused. Plaintiff asserts that he has been the only one maintaining the property, paying the taxes, etc. and that it has become unduly burdensome. Plaintiff now seeks summary judgment and an interlocutory judgment of partition and sale pursuant to Code of Civil Procedure §§ 872.210 and 872.710. Defendant filed a ...

Excerpt: ...r: (1) failure to pay overtime; (2) failure to pay minimum wage; (3) failure to timely pay wages during employment; (4) inaccurate wage statement penalties; (5) failure to reimburse work‐related expenses; (6) waiting‐time penalties. Plaintiff also has a PAGA cause of action wherein he seeks to recover PAGA penalties on behalf of himself, the State of California, and all current and former aggrieved employees. (Compl., ¶ 31.) After applying f...

Excerpt: ... ordered to notify MCM immediately of the tentative ruling system and the manner to request a hearing. If Lombardi is unable to contact MCM prior to hearing, Lombardi is ordered to appear at the hearing. Lombardi has also indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Lombardi seeks to strike the MOC filed by MC...

Excerpt: ...to October 27, 2022, at 1:30 PM, in this Department, so that parties can engage in continued good faith meet‐and‐confer efforts. The notice of motion provides the incorrect address of Department 53. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff filed her operative First Amended Complaint (“FAC”) against Defendants on July 6, 2021. (ROA 20.) Plaintif...

Excerpt: ... Production of Documents, and Special Interrogatories is ruled upon as follows. This motion seeks multiple forms of relief regarding four separate forms of written discovery (requests for admissions, form interrogatories, special interrogatories, and requests for production), each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, Defendant filed a si...

Excerpt: ...tion as a concession of its merits. In this elder abuse action Plaintiffs served the subject deposition notice (along with approximately 46 other notices) on April 7, 2022. (Dudensing Decl. Ex A.) At issue on this particular motion are the depositions of Folsom Investors' employees, originally noticed for the following dates: Brenda Hicks ‐ May 24, 2022 Malissa Ehrman ‐ May 24, 2022 Allie McCutchan ‐ May 25, 2022 Chantel Krahn ‐ May 25, 2...

Excerpt: ...ling system and the manner to request a hearing. If Dr. McGraw is unable to contact Plaintiff prior to hearing, Dr. McGraw is ordered to appear at the hearing. This is a medical malpractice action arising out of the care and treatment of plaintiff Jack Kellum (“Plaintiff”) during 2018 and 2019 by Dr. McGraw. Plaintiff filed his original Complaint on January 26, 2021, and the operative First Amended Complaint on March 10, 2021. The First Amend...