Excerpt: ...nership effective as of that date. (Khella Decl., ¶ 7 and Ex. A.) Defendant contends that in doing so, Plaintiff withdrew from the partnership and became a disassociated partner. Defendant now has exclusive control over Prit Market's operations and continues to operate the business. Plaintiff and Defendant have filed a complaint and cross‐complaint, respectively, alleging a breach of fiduciary duty, breach of partnership agreement and accounti...

Excerpt: ...cal 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 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 is a putative class action against TSE, described as a “courier company performing pac...

Excerpt: ...t defendant Farid “was operating a black 2020 Volkswagen Jetta owned by Defendant [EAN]” and “was travelling northbound on San Juan Avenue in the City of Citrus Heights…when he caused a motor vehicle collision against [sic] Plaintiff Patty McCoy.” The complaint purports to assert two causes of action for general negligence and for motor vehicle negligence, both of which are asserted against both defendants Farid and EAN. Demurrer. EAN n...

Excerpt: ... 17, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. Appearance is required. On December 20, 2021, plaintiff filed a "Request for Extension of Time" seeking to continue the oral argument from this date to February 6, 2022 due to a continued Covid outbreak in his unit and his inability to ...

Excerpt: ...as a Battalion Chief at its Santa Clara Unit (“SCU”). (FAC, ¶¶ 7‐8.) Plaintiff's position held responsibility for state and local government contracts. (FAC, ¶ 10.) Plaintiff contends he was told to obtain bids solely from Ron Paris Construction. (FAC, ¶ 14.) Plaintiff contends that he disclosed a personal conflict with that company and was told it did not create a conflict of interest because of a preexisting relationship between Ron P...

Excerpt: ... counsel of the specific causes of action that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This legal malpractice action was commenced by plaintiffs in pro per in Nevada County Superior Court on 1/24/2013, with the 1AC being filed several months later on 7/11/2013. According to the 1AC, plaintiffs retained defend...

Excerpt: ...f the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. 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 event oral argument is not requested. T...

Excerpt: ... (“SAXC”) is ruled upon as follows. This motion was continued from January 12, 2022, to today's date, to be heard concurrently with CEE's motion for leave to file a Third Amended Cross‐Complaint. Cross‐Defendants' request for judicial notice of certified records from the California Contractors State License Board (“CSLB”) for CEE and California Gas Gathering Inc. and CEE's Proof of Claim filed in the United States Bankruptcy Court, Ea...

Excerpt: ...mination, retaliation, and failure to prevent action against defendant California Highway Patrol (“CHP”). Plaintiff filed her Complaint on March 5, 2021. Plaintiff alleges Sergeant John Wilson (“Sgt. Wilson”) began harassing and discriminating against her based on her gender in May of 2018. Plaintiff alleges Sgt. Wilson berated her, criticized her appearance, stripped her of substantive work and gave it to male officers, rejected her requ...

Excerpt: ... (The Court notes that it was required to take the background information pertaining to this dispute from Ford's Complaint, since Boyd fails to provide any sort of underlying facts or context for the claims in his own CrossComplaint.) As part of the agreement, Ford Credit agreed to finance the lease of the vehicle, and the contract was concurrently assigned to Ford Credit. According to the Complaint in this action filed by Ford, Boyd failed to ma...

Excerpt: ...d Nationstar's respective requests for judicial notice 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 [“[W]hile t...

Excerpt: ... extending below the bottom of the page, bearing the exhibit designation. Plaintiff filed this action on July 31, 2021, against defendants Fiona Ma, Treasurer of the State of California (“Ma”), and STO (collectively, “Defendants”). Plaintiff alleges claims for sexual harassment, race discrimination, disability discrimination, wrongful termination in violation of public policy, and intentional infliction of emotional distress. On October 6...

Excerpt: ...ovember 16, 2021, and it was scheduled for hearing on January 6, 2022. Plaintiff Joshua Paul (“Plaintiff”) filed an opposition on December 22, 2021. On December 30, 2021, Defendant filed correspondence continuing the hearing to today's date (February 16, 2022). Thereafter, on January 13, 2022, Defendant filed an Amended Notice of Motion, as well as a new Memorandum of Points and Authorities in Support. The Court did not consider the new Memor...

Excerpt: ...ondos, John Sargetis, and United Law Center (collectively “Defendants”). Defendants filed three identical oppositions and objections to the motions. The court incorporates by reference its ruling denying Plaintiff's Motion as to each defendant and denies this defendant's motion for the same reasons. Item 2 2018‐00233339‐CU‐NP Pamela J. Palmieri vs. Stephen Foondos Nature of Proceeding: Filed By: Motion to Compel Responses to Production ...

Excerpt: ...��PCI”) to act as the advertising agency of record for Plaintiffs and to purchase media on their behalf. Defendant Lori Porter (“Lori”) is the President of PCI, a shareholder and co‐ owner of PCI, and is married to Defendant William Porter (“William”). William is a shareholder and co‐owner of PCI. William is also an attorney and President and principal shareholder of Defendant Porter Law Group, Inc. (“PLG”). Plaintiffs allege th...

Excerpt: ... allege that the operations at ARA and AHC's facility, located at 875 Alfalfa Plant Road (hereinafter the "Facility"), which operates as a pet food manufacturer, have created public and private nuisances, health and safety risks, and environmental degradation. All Plaintiffs live within a radius of 3,500 feet to four miles from Defendants' Facility. Plaintiffs' operative complaint makes several allegations with regard to emotional distress suffer...

Excerpt: ... 998 Offers to Compromise "offering to resolve this matter . . . in exchange for a dismissal with prejudice of this action the amount of Two Thousand Dollars and Zero Cents ($2,000.00), plus costs and reasonable attorneys' fees as determined by the Court." (Webber Decl. ¶ 9, Exh. 2 (emphasis in original).) Defendants timely accepted their respective 998 Offers on December 4, 2021. (Webber Decl. ¶¶ 10, Exhs. 3‐4.) Plaintiff now seek $134,120....

Excerpt: ... this action, Plaintiff is suing his prior court‐appointed counsel, Michael Aye (“Aye”), for his failure to return Plaintiff's criminal case file in federal case number 2:12‐CR‐00073‐TLN‐CKD1 in the Eastern District of California. Plaintiff has attempted to obtain his files directly from Aye, the State Bar of California, and through subpoenas in the Eastern District of California. Plaintiff alleges that the failure to obtain his fil...

Excerpt: ...") filed in this action on or about August 3, 2021 ("SAC") is overruled. Defendants demur to the SAC on grounds of claim preclusion; i.e., that the PAGA claims at issue in this case have already been adjudicated as part of a class action settlement in a Los Angeles action. (P&As at 7.) Defendants argue that the Judgment in another action resolved the State of California's PAGA penalty claims through the date of the Judgment, and bars Smigelski fr...

Excerpt: ...l disabilities. Each received PPP loans due to the COVID‐19 pandemic. Some of the Plaintiffs have received PPP loan forgiveness, while others are awaiting determination for their application for loan forgiveness. Plaintiffs allege that during the COVID‐19 State of Emergency, “DDS was (and is) required by law to authorize payment for absences that resulted from the closure of programs and inability or unwillingness of consumers to attend in�...

Excerpt: ... heard on August 18, 2021. The motion was continued and Plaintiff sought an ex parte application for an OST to file a motion to lift the discovery stay imposed by CCP § 425.16(g) in order to conduct discovery regarding the alleged defamatory statements. Plaintiff then dismissed the action before any of the motions could be heard. On September 23, 2021, the date the anti‐SLAPP motion was to be heard, the Court indicated that while it no longer ...

Excerpt: ...ndant now seeks attorney fees in the amount of $6,007.50 and $607.05 in costs as the prevailing party. Defendant relies upon a contractual attorney's fees provision in the underlying loan. Plaintiff opposes the motion on the basis that fees are not available because it filed a voluntary dismissal of the entire action on January 27, 2022 and alternatively challenges the amount of the requested fees. The Court notes that the dismissal was not enter...

Excerpt: ...es of action for: (1) failure to pay overtime wages, (2) wage statement violations, (3) waiting time penalties, (4) unfair competition, (5) failure to reimburse expenses, (6) failure to pay accrued vacation, (7) meal period violations, (8) rest period violations, (9) Private Attorney Generals Act, (10) failure to pay minimum wages, and (11) violation of Labor Code § 204. Defendants have denied the allegations and any liability, but the parties w...

Excerpt: ...rgo Bank (1990) 220 Cal. App.3d 1117, 1138.) Newberg on Class Actions (4th Ed.), the authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the ...

Excerpt: ...served and filed separately . . . .Objections to specific evidence must be referenced by the objection number in the right column of a separate statement in opposition or reply to a motion . . . .”] Moreover, in Defendant's opposition brief [incorrectly labeled as “Plaintiff's Memorandum of Points and Authorities in Opposition of Motion for Summary Judgment”], Defendant objects to the “Declaration of Plaintiff's Qualified Witness” and a...

Excerpt: ...A)(i) on January 21, 2022. This action arises out of a dispute between Defendant and Plaintiff Quest Media & Supplies, Inc. related to an IT Infrastructure Managed Services Enterprise Services Agreement (“Agreement”) which permitted Defendant to terminate it at its convenience, otherwise it was to expire on December 31, 2016. Specifically Plaintiff alleges that pursuant to the Agreement, it purchased certain computer/IT equipment which it cla...

Excerpt: ...idence objected to was not material to the Court's tentative ruling. Background The present lawsuit is brought by Plaintiff Farrell York (“York”) against Defendants. Plaintiff is represented by Attorney Lewis. As relevant to this motion, Attorney Lewis represents another plaintiff, Rebecca Lane (“Lane”) in a separate action against City ‐ Sacramento Superior Court Case No. 34‐2018‐00235362. Prior to filing this lawsuit York filed a ...

Excerpt: ...ecedent”) for prostate cancer by several physicians at Kaiser. Plaintiff alleges that the physicians did not adequately inform the Decedent regarding the effects of certain medications including Lupron, Effexor, radioactive gold seeds and radiotherapy. As an initial matter, this case was set in Department 54. Judge Krueger recused himself on January 27, 2021, pursuant to CCP § 170.1(a)(3)(A) and (a)(3)(b)(ii) due to a testamentary event. Prior...

Excerpt: ...ff Allen Hammler within 48 hours. The litigation coordinator is directed to have Plaintiff Alan Hammler available at oral argument on February 10, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter 841 204 6267#. Appearance is required. Defendants Ralph Diaz, et al.'s motion for an order requiring Plaintiff Allen Hammler...

Excerpt: ...n action regarding changing the methods by which City Council members are elected within timeframes set forth in the Elections Code. Defendant's demurrer to Plaintiffs' complaint was sustained with leave to amend on March 17, 2021 on the basis that Plaintiffs had not exhausted the administrative remedy provided under Elections Code § 10010 which is a prerequisite to commence their CVRA action and requires a plaintiff to wait 45 days to file an a...

Excerpt: ...ollowing causes of action: (1) race discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) failure to prevent discrimination and retaliation in violation of FEHA; (3) whistleblower retaliation in violation of Labor Code section 1102.5; (4) wrongful termination in violation of public policy; and (5) intentional infliction of emotional distress. Defendant issued three subpoenas to Plaintiff's former employers, Comcast ...

Excerpt: ...document request 1 through 11 to the notice of deposition for Scott Morris. Plaintiffs/Cross‐ Defendants also request sanctions in the amount of $3,060. The motion is ruled on as follows. The documents requested relate to Kronick's finances before and during their representation of Bank. Bank alleges the documents are highly relevant and show (1) Kronick took on the underlying case and excessively litigated it to generate fees needed to keep th...

Excerpt: ...y 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 must decide if a...

Excerpt: ... to evidence will be addressed at the hearing. Counsel 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. 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 reque...

Excerpt: ...ion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify other parties immediately of the tentative ruling system and to be available at the hearing, via Zoom audio or video, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiffs filed their complaint on August 1, 2017, against several defendants, including Settlin...

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

Excerpt: ...their existence, not the truth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff Mountain F Enterprises, Inc., filed this action on March 4, 2020, for declaratory relief, predicated on a fire that occurred when Defendant Chriso's Tree Trimming was felling a dead cedar tree a few miles from the south entrance to Yosemit...

Excerpt: ...he Labor Code. Specifically, Plaintiff alleges Defendant required her to arrive before her shift began to wait for deliveries, open the restaurant if the employee scheduled to open did not show up for work, and/or be prepared to open in the event that the employee scheduled to work did not appear. Plaintiff also alleges Defendant further prohibited Plaintiff and the PAGA Settlement Employees to leave the restaurant during their breaks and therefo...

Excerpt: ...d the first loan with a second loan from Defendants, again secured by the same two properties, and executed a note for $1.23 million. After defaulting on the note, Plaintiff entered into a settlement agreement with Defendants on or about August 27, 2018 In that agreement, Plaintiff granted general releases and waived Civil Code section 1542, releasing all known and unknown claims against Defendants. Moving parties here signed the settlement agree...

Excerpt: ...ilitation of the property located at 6600 Medallion Ct., Citrus Heights, California ("Subject Property") and granted the receiver certain powers and duties. (Register of Actions, “ROA” 24.) The City now seeks an order declaring that the City is the prevailing party in its Receivership Petition regarding the conditions of the Subject Property and to recover its costs, expenses, and fees incurred in the action in the amount of $22,475.71 and an...

Excerpt: ...l 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 event ora...

Excerpt: ...Street, Sacramento, California 95814. Factual and Procedural Background In March of 2013, Mutti entered into business with defendant Nachhattar Sing Chandi (“Chandi”) to acquire real estate and a gas station. (FAC ¶ 9.) Neither Mutti nor her husband were experienced in the business or acquisition of a gas station, but allege Chandi represented the money Mutti invested would go towards purchasing half the shares of the corporation (Orchard) t...

Excerpt: ...vidence. (See, CRC Rule 3.1352, 3.1354.) This action arises out of an auto accident that occurred on January 31, 2018, near the intersection of Greenback Lane and Madison Avenue. On the evening of the 31st, two vehicles struck the decedent, Deborah Garza, as she cross the street at Greenback Lane. Decedent was struck first by a Ford F‐150 pick‐up truck. Approximately 40 seconds thereafter, while Decedent was laying prone in the road, she was ...

Excerpt: ...Tom Langeland (“Langeland”) remove items from 1127 21st Street in Sacramento (“the Property”). (Complaint, ¶ 7.) Langeland and Defendant TEL Enterprises, Inc. (“TEL”) employed two servants (“Does 1 and 2”) and dropped them off at the Property along with Plaintiff and a truck. (Ibid.) Langeland provided a moving dolly and instructions to remove items from the second floor of the Property and place them in the back of a truck. (Ibi...

Excerpt: ...in 1993 as joint tenants; Plaintiff's father passed away in 2002 and Plaintiff became the sole owner of the property. (See UMF 1.) The property is located in Campus Commons Village, which is a common‐interest development with a homeowner's association (HOA). Pursuant to the HOA's Covenants, Conditions, and Restrictions (CC&Rs), residents must pay assessment to the HOA. If the assessments are not paid, the CC&R authorize a trustee designated by ...

Excerpt: ...on arises from Plaintiffs' former tenancy at Defendants' single family home at 8932 Hollowstone Way in Sacramento. Plaintiffs resided at the property starting on February 1, 2019, until they were formally evicted on February 2, 2021. (See Case No. 20UD106999.) In January of 2021, Judge R. Steven Lapham ruled on the merits after a two‐day trial and issued judgment for Defendants requiring Plaintiffs to relinquish possession of the property and p...

Excerpt: ...ian L. Porter Revocable Trust, defendant will be referred to as “Porter Trustee.” Porter and Porter Trustee will be referred to collectively herein as “Defendants.” Defendants' request for judicial notice is granted. Factual and Procedural Background The Instant Action This action arises out of a dispute between plaintiffs McMillan Storage, LLC (the “LLC”), an Idaho limited liability company, and Marvin Remmich, as Trustee of the 2004...

Excerpt: ... 813 6th Street, Sacramento, California 95814. Request for Judicial Notice Defendant's request for judicial notice of the Complaint in this action is granted. Defendant's request for judicial notice of Plaintiff's responses to Metro Surveillance Security's requests for admissions is also granted. The requests for admission of which Defendant requests the Court to take judicial notice are as follows: RFA No. 1: Admit that you were issued a Notice ...

Excerpt: ...osing party 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). Defendants SPARC Group, LLC and Eddie Bauer, LLC's (collectively “Eddie Bauer”) petition to compel arbitration and stay the action is GRANTED as follows. Eddie Bauer's Request for Judicial Notice Eddie Bauer submitted a request...

Excerpt: ...orothy MacPhail surreptitiously took partnership profits for their own personal gain without benefit to the partnerships. In connection with the previous rulings, the Court ordered the parties to meet and confer to potentially stipulate to the appointment of a discovery referee. The Court has repeatedly encouraged the parties to discuss the issue of a discovery referee. It does appear from the opposition papers that the parties are engaged in eff...